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2021-22 Faculty Handbook 
    
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2021-22 Faculty Handbook

Regulations on Academic Freedom and Tenure

FOREWORD

These regulations are designed to enable Edgewood College to protect academic freedom and tenure through academic due process. The principles implicit in these regulations are for the benefit of all who are involved with or are affected by the policies and programs of the institution. A college or university is a marketplace of ideas, and it cannot fulfill its purposes of transmitting, evaluating, and extending knowledge if it requires conformity with any orthodoxy of content and method. In the words of the United States Supreme Court, “Teachers and students must always remain free to inquire, to study and to evaluate, to gain new maturity and understanding; otherwise our civilization will stagnate and die.”

  1. Conditions Governing Appointments
    1. Statement of Terms of Appointment
      1. The terms and conditions of every appointment to the faculty will be stated or confirmed in writing, and a copy of the appointment document will be supplied to the faculty member. Any subsequent extensions or modifications of an appointment and any special understandings, or any notices incumbent upon either party to provide, will be stated or confirmed in writing, and a copy will be given to the faculty member.
      2. With the exception of special appointments clearly limited to a brief association with the institution and reappointments of retired faculty members on special conditions, all full-time appointments to the rank of instructor or higher are of two kinds: (1) probationary appointments; and (2) appointments with continuous tenure.
      3. Except for faculty members who have tenure status, every person with a teaching or research appointment of any kind will be kept informed in writing of his appointment and/or all matters relative to his eligibility for the acquisition of tenure.
    2. Probationary Appointments
      1. Probationary appointments may be for one year or for other stated periods, subject to renewal. The total period of full-time service prior to the first consideration for acquisition of continuous tenure will not ordinarily exceed seven years. This probationary period includes all previous full-time service with the rank of instructor or higher, including other institutions of higher learning. However, the probationary period may extend to as much as four years at Edgewood, even if the total full-time service in the profession thereby exceeds seven years. The terms of such extension will be stated in writing at the time of initial appointment. Except as provided in III, D, time spent on leave of absence will count as probationary period service, unless the individual and institution agree to the contrary at the time leave is granted.
      2. Regardless of the stated term or other provisions of any appointments, written notice that a probationary appointment is not to be renewed will be given to the faculty member in advance of the expiration of his appointment, as follows: (1) not later than March 1 of the first academic year of service, if the appointment expires at the end of that year; (2) if a one-year appointment terminates during an academic year, at least three months in advance of its termination; (3) not later than December 15 of the second academic year of service, if the appointment expires at the end of that year; (4) if an initial two-year appointment terminates during an academic year, at least six months in advance of its termination; (5) at least twelve months before the expiration of an appointment after two or more years of service at the institution. The institution will normally notify faculty members of the terms and conditions of their renewals by March 15, but in no case will such information be given later than April 15.
    3. Tenured Appointments
      1. Definition: An appointment held by a member of the faculty who has been granted tenure and which hence may only be terminated by the institution for adequate cause.
  2. Termination of Appointment
    1. By the Faculty Member
      1. A faculty member may terminate his appointment effective at the end of an academic year, provided that he gives notice in writing at the earliest possible opportunity but not later than April l5 or thirty days after receiving notification of the terms of his appointment for the coming year, whichever date occurs later. The faculty member may properly request a waiver of this requirement of notice in case of hardship or in a situation where he would otherwise be denied substantial professional advancement or other opportunity.
    2. By the College
      1. Cause for Termination
        A termination may be effected by the institution only for adequate cause. Such causes are:
        1. Financial exigency
        2. Discontinuance of a program or school/department of instruction
        3. Medical reasons
        4. Lack of fitness of the faculty member in his professional capacity
        5. Moral turpitude.
      2. Procedure for Termination Under Causes a, b, c
        1. Where termination of appointment is based upon financial exigency, or bona fide discontinuance of a school/program or department of instruction, Regulation I, B, 2 will not apply, but faculty members shall be able to have the issues reviewed by a committee composed of the elected members of the Academic Rank Committee, with ultimate review of all controversial issues by the Board of Trustees. In every case of financial exigency or discontinuance of a program or school/department of instruction, the faculty member concerned will be given notice as soon as possible, and never less than 12 months’ notice, or in lieu thereof, he will be given severance salary for 12 months.
        2. Before terminating an appointment because of the abandonment of a program or school/department of instruction, the institution will make every effort to place affected faculty members in other suitable positions. If an appointment is terminated before the end of the period of appointment because of financial exigency or because of the discontinuance of a program of instruction, the released faculty member’s place will not be filled by a replacement within a period of two years, unless the released faculty member has been offered reappointment and a reasonable time within which to accept or decline it.
        3. Termination of a tenured appointment or of a non-tenured or special appointment, before the end of the period of appointment, for medical reasons, will be based upon clear and convincing medical evidence which shall, if the faculty member so requests, be reviewed by the Faculty Affairs Committee before a final decision is made by the Board of Trustees on the recommendation of the President of the institution.
      3. Procedure for Termination Under Causes d, e
        1. Adequate cause for dismissal will be related, directly and substantially, to the fitness of the faculty member in his professional capacity as a teacher or researcher. Dismissal will not be used to restrain faculty members in their exercise of academic freedom or other rights of American citizens.

          Dismissal of a faculty member with continuous tenure, or with a special or probationary appointment, before the end of the specified term, will be preceded by: (1) discussions between the faculty member and appropriate administrative officers looking toward a mutual settlement; (2) informal inquiry by a committee composed of the elected members of the Academic Rank Committee which may, failing to effect an adjustment, determine whether, in its opinion, dismissal proceedings should be undertaken, without its opinion being binding upon the President; and (3) a statement of charges, framed with reasonable particularity by the President or his/her delegate.
        2. A dismissal will be preceded by a statement of reasons, and the individual concerned will have the right to be heard by the Faculty Affairs Committee. A member will remove themselves from the case, either at the request of a party or on his/her own initiative, if he/she deems themselves disqualified for bias or interest. Each party will have a maximum of two challenges without stated cause. In the event of a vacancy or vacancies on the committee resulting from disqualification or challenge without stated cause, alternates, meeting the approval of both parties, shall serve for that hearing.
          1. Service of notice of hearing with specific charges in writing will be made at least 20 days prior to the hearing. The faculty member may waive a hearing or may respond to the charges in writing at any time before the hearing. If the faculty member waives a hearing, but denies the charges against him/her or asserts that the charges do not support a finding of adequate cause, the hearing committee will evaluate all available evidence and rest its recommendation upon the evidence in the record.
          2. The committee, in consultation with the President and faculty member, will exercise its judgment as to whether the hearing should be public or private.
          3. During the proceedings the faculty member will be permitted to have an academic advisor and/or counsel of his/her own choice.
          4. Either party shall be permitted to invite a representative of a responsible educational association to attend the proceedings as an observer. The committee shall also enjoy this privilege if it so desires.
          5. A verbatim record of the hearing or hearings will be taken and a typewritten copy will be made available to the faculty member without cost to him/her, per their request.
          6. The burden of proof that adequate cause exists rests with the institution and shall be satisfied only by clear and convincing evidence in the record considered as a whole.
          7. The hearing committee will grant adjournments to enable either party to investigate evidence as to which, in its judgment, a valid claim of surprise is made.
          8. The faculty member will be afforded an opportunity to obtain necessary witnesses and documentary or other evidence, and the administration of the institution will, insofar as it is possible for it to do so, secure the cooperation of such witnesses and make available necessary documents and other evidence within its control.
          9. The faculty member and the administration will have the right to confront and cross-examine all witnesses. Where the witness cannot or will not appear, but the committee determines that the interests of justice require admission of his/her statement, the committee will identify the witness, disclose his/her statement and, if possible, provide for interrogatories.
          10. In the hearing of charges of incompetence, the testimony shall include that of qualified faculty members from this or other institutions of higher education.
          11. The hearing committee will not be bound by strict rules of legal evidence and may admit any evidence which is, in its judgment, of probative value in determining the issues involved.
          12. The findings of fact and the decision will be based solely on the hearing record.
          13. Except for such simple announcements as may be required, covering the time of the hearing and similar matters, public statements and publicity about the case by either the faculty member or administrative officers should be avoided so far as possible until the proceedings have been completed, including consideration by the Board of Trustees of the institution. The President and the faculty member will be notified of the decision in writing and will be given a copy of the record of the hearing.
          14. If the hearing committee concludes that the evidence in the record has not established adequate cause for dismissal, it will so report to the President. If the President rejects the report, he/she will state his/her reasons for doing so, in writing, to the hearing committee and to the faculty member, and provide an opportunity for response before transmitting the case to the Board of Trustees. If the hearing committee concludes that adequate cause for a dismissal has been established, but that an academic penalty less than dismissal would be more appropriate, it will so recommend, with supporting reasons.
          15. Action by the Board of Trustees: If dismissal or other penalty is recommended, the President will, on request of the faculty member, transmit to the Board of Trustees the record of the case. The Board of Trustees’ review will be based on the record of the committee hearing, and it will provide opportunity for argument, oral or written or both, by the principals at the hearing or by their representatives. The decision of the hearing committee will either be sustained or the proceeding returned to the committee with specific objections. The committee will then reconsider, taking into account the stated objections and receiving new evidence if necessary. The Board of Trustees will make a final decision only after study of the committee’s reconsideration.
          16. Suspensions: Until the final decision upon termination of an appointment has been reached, the faculty member will be suspended, or assigned to other duties in lieu of suspension, only if immediate harm to him/herself or others is threatened by his/her continuance. Before suspending a faculty member, pending an ultimate determination of his/her status through the institution’s hearing process, the administration will consult with the Faculty Affairs Committee. Suspension is appropriate only pending a hearing. Salary will continue during the period of suspension.
          17. Terminal Salary or Notice: If the appointment is terminated, the faculty member will receive his/her salary or notice in accordance with the schedule of notice to which he/she is entitled under Regulation 2, b, or, if he/she has tenure, for at least one year. This provision for terminal notice or salary need not apply in the event that there has been a finding that the conduct, which justified dismissal, involved moral turpitude. On the recommendation of the Faculty Affairs Committee or of the President, the Board of Trustees, in determining what, if any, payments will be made beyond the effective date of dismissal, may take into account the length and quality of service of the faculty member.
  3. Academic Freedom
    1. Statement
      All members of the faculty, whether tenured or not, are entitled to academic freedom as set forth in the 1940 Statement of Principles on Academic Freedom and Tenure, formulated by the Association of American Colleges and the American Association of University Professors.
    2. Academic Freedom of Non-Tenured Faculty
      If a faculty member on probationary or other non-tenured appointment alleges that considerations in violation of academic freedom significantly contributed to a decision not to reappoint him/her, his/her allegation will be given preliminary consideration by a committee composed of the elected members of the Academic Rank Committee, which will seek to settle the matter by informal methods. His/her allegation shall be accompanied by a statement that he/she agrees to the presentation, for the consideration of the faculty committees, of such reasons and evidence as the institution may allege in support of its decision. If the difficulty is unresolved at this stage, and if the committee so recommends, the matter will be heard in the manner set forth in Regulation 3 except that the faculty member making the complaint is responsible for stating the grounds upon which he/she bases his/her allegations, and the burden of proof shall rest upon him/her. If, in the judgment of the committee, he/she succeeds in establishing a prima facie case, it is incumbent upon those who have made the decision not to reappoint him/her to come forward with evidence in support of their decision.
    3. Administrative Personnel
      The foregoing regulations apply to administrative personnel with faculty status, but only in their capacity as faculty members. Where an administrator alleges that a consideration in violation of academic freedom significantly contributed to a decision to terminate his/her appointment to his administrative post, or not to reappoint him/her, he/she is entitled to the procedures set forth in III, B.
    4. Other Academic Staff
      1. In no case will a member of the academic staff who is not otherwise protected by the preceding regulations which relate to dismissal proceedings be dismissed without having been provided with a statement of reasons and an opportunity to be heard before a duly constituted committee.
      2. With respect to the non-reappointment of a member of such academic staff who establishes a prima facie case to the satisfaction of the appropriate committee that a consideration in violation of academic freedom significantly contributed to the non-reappointment, he/she will be given a statement of reasons by those responsible for the non-reappointment and an opportunity to be heard by the committee.

IV. Grievance Procedure

If any faculty member feels that he/she has cause for grievance in any matter other than dismissal proceedings–such matters as salaries, assignment of teaching duties, assignment of space or other facilities, and propriety of conduct—he/she may petition the Faculty Affairs Committee for redress. The petition shall set forth in detail the nature of the grievance and shall state against whom the grievance is directed. It shall contain any factual or other data, which the petitioner deems pertinent to his case. The committee will have the right to decide whether or not the facts merit a detailed investigation. Submission of a petition will not automatically entail investigation or detailed consideration thereof. The Committee may seek to bring about a settlement of the issue satisfactory to the parties. If, in the opinion of the Committee, such a settlement is not possible or is not appropriate, the Committee will report its findings and recommendations to the petitioner and to the appropriate administrative officer or officers, and the petitioner will, at his request, be provided an opportunity to present his/her case to them.

DEFINITIONS

  1. FACULTY: The college faculty consists of professors, associate professors, assistant professors, instructors, and such other persons as may be designated in their contracts or letters of appointment as having faculty status.
  2. FULL-TIME FACULTY: The full-time faculty consists of the full-time tenured faculty and those others who are designated in their contracts or letters of appointment as full time.
  3. PROBATIONARY APPOINTMENT: An appointment held by a full-time member of the faculty during the period, which precedes the granting of tenure.
  4. DISMISSAL: A dismissal is the termination by the College of an appointment with continuous tenure, or of a special or a probationary appointment before the end of the specified term for specified causes.
  5. ADMINISTRATIVE PERSONNEL: Administrative personnel are those persons who are appointed to specific administrative positions by the Board of Trustees.
  6. ACADEMIC STAFF: The academic staff consists of the faculty and such persons as may be designated members of the academic staff in their contracts or letters of appointment.