XXII. Review of Nonrenewal, Denial of Tenure, or Termination of Faculty Appointments

A. Scope. The review process and standards established by this Section XXII will be the exclusive means and bases for a faculty member to challenge or seek review of a determination (1) not to renew the faculty member’s Associate Professor of Instruction or Professor of Instruction Appointment, (2) to terminate the faculty member’s Associate Professor of Instruction or Professor of Instruction Appointment, (3) not to renew the faculty member’s Tenure-Track Appointment, (4) not to grant the faculty member a Tenured Appointment, (5) to terminate the faculty member’s Tenured Appointment for reasons other than Cause. Such a determination is referred to as “Nonrenewal, Denial of Tenure, or Termination.”

B. Commencement of Review Process. A faculty member who has been given written notice of Nonrenewal, Denial of Tenure, or Termination may appeal that determination by filing with the Office of the Provost a written request for review within twenty Business Days of Delivery of such written notice. Within fifteen Business Days after Delivery of a written request for review, the Provost will convene the PRC to consider the Nonrenewal, Denial of Tenure, or Termination.

C. Appropriate Bases for Review. Under no circumstances is the PRC authorized to consider, pass on, or comment concerning the merits or substantive justification for the Nonrenewal, Denial of Tenure, or Termination. Issues such as the faculty member’s performance or accomplishments or the justification for the Board of Trustees’ determination that a Material Adverse Circumstance exists are outside of the PRC’s authority. The PRC’s authority is limited to reviewing and commenting on allegations that the Nonrenewal, Denial of Tenure, or Termination of a particular faculty member was based in significant degree on any of the following:

1. Personal beliefs, opinions, conduct, or artistic or other expressions that are protected by Academic Freedom;
2. Material, prejudicial mistakes of fact concerning the faculty member’s performance or accomplishments, or
3. Material, prejudicial deviations from the procedures established by this Statement.

D. Proceeding. In considering the appeal, the PRC will utilize such procedures as it believes will ensure a careful and complete review of all appropriate allegations including consultation with and obtaining advice from the Office of the General Counsel. The faculty member seeking review will have the right to make a statement on the faculty member’s own behalf, to present witnesses and written statements by other persons who have relevant information as determined by the PRC, and to be accompanied by an adviser of the faculty member’s choice who will have only such rights to participate in the proceeding as the PRC determines.

The PRC will attempt to complete its proceeding within forty-five Business Days. After consideration of all relevant matters, the PRC, by majority vote, will render a written decision containing a reasoned conclusion as to whether the Nonrenewal, Denial of Tenure, or Termination was based in significant degree on any of the three factors outlined above. The written decision of the PRC will be promptly Delivered to the President and the affected faculty member. Not later than fifteen Business Days after receipt of the PRC’s decision, the affected faculty member may submit written comments on the PRC’s decision to the President.

E. President’s Decision. Not later than fifteen Business Days after the faculty member’s written comments are received or were due, the President’s final written decision as to whether the determination of Nonrenewal, Denial of Tenure, or Termination is affirmed or will be reconsidered in accordance with a process specified in the President’s decision will be Delivered to the faculty member. The President’s decision is not subject to challenge or review on any basis.