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Regulations & Policies

Academic Affairs - Faculty

I. OBJECTIVE & PURPOSE

The º£½ÇÉçÇø's reputation for excellence is sustained by the high standards of quality and productivity of its tenured faculty. The University recognizes that tenure is one of the principal means by which the quality of the University is developed and maintained, is an indispensable element of a quality university, and is awarded to a faculty member based upon their demonstration of excellence in teaching, excellence in scholarship, and continuing meaningful contributions in service. The award of tenure means that tenured faculty members will be reappointed annually until voluntary resignation, retirement, removal for just cause, or layoff.

This post-tenure review policy is established for the following purposes:

1. To ensure that tenured faculty members are meeting the responsibilities and expectations associated with assigned duties in teaching, research/scholarship/creative activity, and service, including compliance with state laws, Board of Governors’ regulations, and University regulations and policies.
2. To recognize and honor exceptional achievement and provide an incentive for retention as appropriate. Any recognition and incentive provided will be given in compliance with any applicable collective bargaining agreement, will be systematic and objective, and will not be given in an arbitrary or capricious manner.
3. To refocus academic and professional efforts and take action when appropriate.

II. TIMING AND ELIGIBILITY

1. Each tenured faculty member shall have a comprehensive post-tenure review of five years of performance in the fifth year following the last promotion or the last comprehensive review, whichever is later. For faculty hired with tenure, the º£½ÇÉçÇøhire date shall constitute the date of the last promotion.
2. In the first year following the effective date of this policy, twenty (20) percent of tenured faculty whose last promotion was more than five years ago and who have not yet received a post-tenure review will be evaluated, in addition to faculty in the fifth year under section II(A) above.
3. In each of the second, third, fourth, and fifth years following the effective date of this policy, an additional twenty (20) percent of the original pool of tenured faculty whose last promotion was more than five years ago and who have not yet received a post-tenure review will be evaluated in addition to faculty who are in the fifth year under section II(A) above.
4. Beginning with the sixth year following the effective date of this policy, the process outlined in (II)(A) above shall be followed.
5. Requests for exceptions to the timing of any post-tenure review may be granted by the Provost or their designee. Each request shall be in writing and shall include the extenuating, unforeseen circumstances giving rise to the request. Exceptions to the timing of post-tenure review granted to tenured faculty members will be disclosed in the Provost’s report to the President, Board of Trustees, and the United Faculty of Florida at the º£½ÇÉçÇø President on the outcome of post-tenure review.
6. Tenured faculty in administrative roles, such as department chairs or directors, shall be evaluated annually by the college dean pursuant to University Policy 2.0490P. Such evaluations shall include a review of performance based on all assigned duties and responsibilities and professional conduct. Such evaluations shall also include the following, if applicable: performance of academic responsibilities to the University and its students; non-compliance with state law, Board of Governors’ regulations, and University regulations and policies; and substantiated student complaints.

III. REVIEW REQUIREMENTS

   A. The post-tenure review evaluations are intended to be comprehensive. Faculty may provide additional documentation  that can be included in the evaluation beyond what is described below.
   B. The comprehensive post-tenure review shall include consideration of the following.

1. The level of accomplishment and productivity of the faculty member in meeting assigned duties in teaching, research/scholarship/creative activity, and service, including clinical and administrative assignments. The guiding documents for evaluating the level of accomplishment are found in approved departmental guidelines. In the absence of such guidelines, the criteria are found in the model evaluative criteria set forth in the collective bargaining agreement between the United Faculty of Florida and the º£½ÇÉçÇø.
2. The faculty member’s history of professional conduct and performance of academic responsibilities to the University and its students.
3. The faculty member’s substantiated, documented non-compliance with state law, Board of Governors’ regulations, and University regulations and policies when the non-compliance is job-related and repeated or egregious.
4. Unapproved and documented absences from teaching assigned courses.
5. Substantiated student complaints. To be substantiated, the faculty member must have been given notice and an opportunity to be heard and respond, and the decisionmaker must have concluded by the preponderance of the evidence that the complaint is substantiated.
6. Other relevant measures of faculty conduct as appropriate. For purposes of this policy, “measures of faculty conduct” will only include matters for which the faculty member has been officially notified in writing and had an opportunity to contest and respond.

   C. In conducting post-tenure review, the University shall not consider or otherwise discriminate based on a faculty member’s political, expressive, or ideological viewpoint, or properly disclosed and approved outside activities. Personality will not be considered unless it has manifested in documented unprofessional conduct. 

   D. If a matter designated for consideration during the post-tenure review has been timely grieved, but the grievance process is not yet complete, the University will provide the faculty member with a written notice, no later than thirty (30) calendar days before the dossier is due, that it intends to either:

1. extend the deadlines for completing the post-tenure review until the grievance process is complete; or
2. omit reference to the pending grieved matter.
   The notice will also inform the faculty member that they have a third option: choosing to include the disputed matter and simultaneously proceeding with the post-tenure review evaluation. To use this third option, the faculty must submit a written response within five (5) business days expressing their wish for the University to continue with the post-tenure review notwithstanding the pending grievance. Upon such a timely request, the University will act accordingly and accept the faculty member's decision. The faculty member is at liberty to emphasize the grieved issue in their post-tenure review cover letter.

IV. PROCESS REQUIREMENTS

   A. Faculty Member. Each eligible faculty member undergoing post-tenure review shall complete a dossier highlighting accomplishments and demonstrating performance relative to assigned duties and submit the dossier to their chair.
   B. For purposes of this Policy, “dossier” means not only the faculty member’s submitted dossier, but also all documents that are added to the review file pursuant to this Policy.
   C. Evaluation Criteria. The performance rating is assigned using the following scale:

1. Exceeds expectations: a clear and significant level of accomplishment beyond the average performance of faculty across the faculty member’s discipline and unit.
2. Meets expectations: expected level of accomplishment compared to faculty across the faculty member’s discipline and unit.
3. Does not meet expectations: performance falls below the normal range of annual variation in performance compared to faculty across the faculty member’s discipline and unit but is capable of improvement.
4. Unsatisfactory: failure to meet expectations that reflect disregard or failure to follow previous advice or other efforts to provide correction or assistance, or performance involves incompetence or misconduct as defined in applicable university regulations and policies.

   D. Chair

1. The chair shall review the completed dossier, the faculty member's personnel file, and other records and documents related to the faculty member’s professional conduct, academic responsibilities, and performance.
2. The chair shall add to the dossier the following.
   
   1. Additional records related to professional conduct, academic responsibilities, and performance concerns.
   2. A letter assessing the level of achievement and certification that the letter includes, if applicable, any persistent and substantiated concerns regarding professional conduct, academic responsibilities, and performance during the period under review.
3. The chair will share the letter summarizing their review with the faculty member. The faculty member will be given five (5) business days to review the letter and submit a response to the letter before the chair’s letter and the faculty member’s response letter are added to the dossier.

   E. Dean

1. The dean shall review all materials provided by the faculty member’s department chair.
2. The dean shall add to the dossier a brief letter assessing the level of achievement during the period under review. The letter shall include:
   1. any concerns regarding professional conduct, assigned academic responsibilities, and performance, and
   2. the dean’s recommended performance rating using the following scale:
      1. Exceeds expectations
      2. Meets expectations
      3. Does not meet expectations
      4. Unsatisfactory
   3. The dean will share the letter summarizing their review with the faculty member. The faculty member will be given five (5) business days to review the letter and submit a response to the letter before the dean’s letter and the faculty member’s response letter are added to the dossier.

   F. University Committee

1. A university post-tenure review committee will complete a review of the dossier. The committee must submit a letter containing their assessment and recommendation to the Provost.

   G. Provost

1. The Provost shall review each dossier including all previous information provided by the chair, the dean, the University Post-Tenure Review Committee, and any responses provided by the faculty member throughout the process.
2. With guidance and oversight from the University President, the Provost will rate the faculty member’s professional conduct, academic responsibilities, and performance during the review period. The Provost may accept, reject, or modify the dean’s recommended rating.
3. The Provost may request assistance from a university advisory committee in formulating an assessment.
4. Each faculty member reviewed will receive one of the following performance ratings:
   
   1. Exceeds expectations
   2. Meets expectations
   3. Does not meet expectations
   4. Unsatisfactory
5. The Provost shall notify the faculty member, the faculty member’s department chair, and the dean of the outcome.

V. OUTCOME

   A. For each faculty member who receives a performance rating from the Provost of “exceeds expectations” or “meets expectations,” the appropriate college dean, in consultation with the faculty member’s department chair, shall recommend to the Provost appropriate recognition and/or compensation in accordance with the faculty member’s performance and university regulations and policies. The Provost shall make the final determination regarding recognition and/or compensation.
   B. For each faculty member who receives a performance rating from the Provost of “does not meet expectations,” the dean, in consultation with the faculty member and the faculty member’s department chair, shall propose a performance improvement plan to the Provost with attainable goals within the given time period for the plan.

1. This plan shall include a deadline of 12 months from the date that the faculty member receives the improvement plan for the faculty member to achieve the requirements of the plan.
2. The Provost shall make the final decision regarding the requirements of each performance improvement plan.
3. Each faculty member who fails to meet the requirements of a performance improvement plan by the established deadline shall receive a notice of termination from the Provost following the process detailed in Article 32 Disciplinary Action and Job Abandonment of the Collective Bargaining Agreement.

   C. Each faculty member who receives a final performance rating of “unsatisfactory” shall receive a notice of termination from the Provost following the process detailed in Article 32 Disciplinary Action and Job Abandonment of the Collective Bargaining Agreement. 

   D. Final decisions regarding post-tenure review may be appealed. In-unit faculty members may file a grievance pursuant to the collective bargaining agreement, except Florida Statute § 1001.741(2) prohibits arbitration on decisions relating to post-tenure review. Should this legal prohibition change and arbitration be required pursuant to the collective bargaining agreement, then any arbitrator who hears an appeal from post-tenure review shall review a decision solely for the purpose of determining whether it violates a university regulation, this policy, or the applicable collective bargaining agreement and may not consider claims based on equity or substitute the arbitrator’s judgment for that of the university. Out-of-unit faculty members may appeal the Provost’s decision to the President or their designee.

VI. MONITORING AND REPORTING

   A. The Provost shall report annually to the President and Board of Trustees on the outcomes of the comprehensive post-tenure review process consistent with section 1012.91, Florida Statutes and the United Faculty of Florida at the º£½ÇÉçÇø on the outcomes of the comprehensive post-tenure review process.
   B. Beginning January 1, 2024, and continuing every three years thereafter, the University must conduct an audit of the comprehensive post-tenure review process for the prior fiscal year and submit a final report to the Board of Trustees by July 1. The audit shall be performed by the University’s chief audit executive or by an independent, third-party auditor, as determined by the Chair of the Board of Trustees.
   C. The auditor must provide the University’s Board of Trustees and the United Faculty of Florida at the º£½ÇÉçÇø with a report that includes the following:

1. The number of tenured faculty in each of the four performance rating categories as defined in Section IV(c)(ii)(b) above.
2. The University’s response in cases of each category.
3. Findings of non-compliance with applicable state laws, Board of Governors’ regulations, and University regulations and policies.

   D. The Board of Trustees shall consider the audit report at the next regularly scheduled meeting after the report’s publication date.

1. The Provost or the auditor must present the report to the Board of Trustees. The Board of Trustees shall not adopt the report as a consent agenda item.
2. If the report shows compliance with applicable state laws, Board of Governors’ regulations, or University regulations and policies, a copy of the adopted audit report shall be provided to the Board of Governors consistent with Regulation 1.001(6)(g).
3. If the report indicates that the University is out of compliance with applicable state laws, Board of Governors’ regulations, or University regulations and policies, the auditor must present the report to the Board of Governors at its next regularly scheduled meeting.

VII. OTHER EVALUATION PROCESSESM, CRITERIA, AND STANDARDS

Nothing in this Policy is intended to prevent the University from instituting additional evaluation processes, criteria, or standards for post-tenure review so long as they meet or exceed the requirements outlined in section 1001.706, Florida Statutes, Board of Governors Regulation 10.003, any applicable collective bargaining provisions, and other University regulations and policies.

VII. MODIFICATION OF GOVERNING LAW

If Florida Board of Governors Regulations 10.003 or Florida Statute §1001.706 are enjoined or modified in any way that affects post-tenure review, the University will follow the requirements of the injunction or modification in administering post-tenure review.

Authority: Section 7(d), Art. IX, Fla. Const., Section 1001.706, Florida Statutes; BOG Regulation 10.003, New 03-29-2023.

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