CHARTER OF THE UNIVERSITY OF NORTH TEXAS PROMOTION AND TENURE COMMITTEE The University Promotion and Tenure Committee (UPTC) hears appeals of tenure and promotion decisions, adjudicates complaints or grievance concerns regarding academic freedom issues, and makes recommendations to the president of the university concerning such appeals and grievances. Application Faculty. ARTICLE I. Relationship to existing university structures Section 1. The UPTC shall exist independently from the Faculty Senate, the University Review Committee, and any other committees of the university. Section 2. The purview of the UPTC empowers and enables it to perform these three essential functions on behalf of the faculty: 1. hear tenure and promotion decision appeals; 2. adjudicate complaints or grievances concerning academic freedom; 3. make recommendations to the president of the university concerning such appeals and grievances. Section 3. The UPTC shall be responsible for developing and amending reappointment, promotion, and tenure policies, in consultation with the president of the University of North Texas, in light of and with respect for principles of shared governance, on behalf of the faculty and subject to ratification by the Faculty Senate of the University of North Texas. ARTICLE II. Jurisdiction of the UPTC Section 1. It is understood that the president is vested with authority by the Board of Regents to approve reappointment, promotion, and tenure policies consistent with applicable Regents Rules. Section 2. The UPTC shall review cases that are appealed to it on matters of reappointment, promotion, and tenure in accordance with UNT Policy 15.0.1, section 15.08.00000 (Policy on Faculty Appointment and Granting of Tenure and Promotion). Section 3. The authority of the UPTC to make recommendations in appeal cases shall extend to procedural, substantive and any other related matters. ARTICLE III. Committee membership Section 1. The UPTC shall be composed of 13 tenured faculty members, as described in Sections 2 and 3 of this Article. Section 2. One member shall be elected by and from the faculty of each of the Faculty Senate voting groups and may hold the rank of tenured associate or full professor. Section 3. Five members shall be elected by and from the faculty at large and must hold the rank of tenured full professor. Page 1 ARTICLE IV. Terms, qualifications and elections Section 1. The term of office for each UPTC member shall be three years, with one‐third of the members being elected each year. Members may serve no more than two full terms in succession. Section 2. Faculty in the administrative position of department/division chair or above may not serve on the UPTC while in the office. Section 3. A vacancy shall be declared if a committee member resigns, is absent from the university for more than one semester or is appointed to the administrative position of department/division chair or above. If a seat is declared vacant, the vacancy shall be filled by special election. A member elected in such circumstances shall serve the remainder of the vacated term, and is eligible for re‐election for two full terms. Section 4. All full‐time tenured and tenure track faculty members at the rank of assistant professor or above shall be eligible to vote in elections for the UPTC. Section 5. The Faculty Senate, on behalf of the UPTC, shall conduct elections annually to replace members whose terms are expiring and immediately after a seat is declared vacant. The elections for members at large shall be held immediately after the election of Faculty Senate voting group representatives. New members shall usually take office at the start of the Fall semester, unless elected to fill a vacant seat, in which case the term begins immediately. ARTICLE V. Officers Section 1. Officers are to be elected annually at the UPTC’s first Fall meeting. Section 2. The UPTC shall elect a chair who shall preside at the meetings of the committee and assume other duties as assigned by the committee. The chair must be a full professor. Section 3. The UPTC shall elect a vice chair, who shall preside in the absence of the chair and assume such other duties as are assigned by the committee. The vice chair must be a full professor. Section 4. The UPTC shall elect a recorder who shall keep minutes and accurate records of the UPTC meetings (other than appeal hearings) and perform such other duties as are appropriate to the office. Section 5. The officers shall constitute the Executive Committee of the UPTC. If a position on the Executive Committee is vacated, the UPTC will hold an election to fill that position within 30 days. ARTICLE VI. Meetings and procedures Section 1. The UPTC shall hold at least one meeting per semester, and at other times as required to fulfill its responsibilities under this policy. A quorum is required for any meeting to be held. A quorum shall consist of the majority of the committee or subcommittee. Section 2. The chair shall call meetings and appeal hearings of the UPTC. The chair must call a meeting when petitioned by at least four members of the UPTC. Page 2 Section 3. Subcommittees may be formed to hear appeals for denial of tenure or denial of promotion to full professor. The rules for the formation of the subcommittees are specified in the UPTC’s bylaws. Section 4. All decisions made by the committee require a majority vote of the members present and voting, except in the case of appeal recommendations made by a sub‐committee. Section 5. In the case of appeal hearings heard by a sub‐committee, the recommendation shall be made by a majority vote of the sub‐committee members present. Section 6. The UPTC shall notify all parties concerning hearing procedures as specified in Article VI of the UPTC bylaws. Section 7. The chair of the UPTC shall be responsible for the assembly of all documents concerning each hearing. These documents shall be maintained in permanent files in the Senate Office. Documents maintained under this section shall be confidential to the extent allowed by law. ARTICLE VII. Amendments to the charter and bylaws Section 1. The charter of the UPTC may be amended in either of the following ways: a. approval by two‐thirds of members present at a meeting called by the Chair for the purpose of amending the charter; or b. initiation by petition of 25 percent of the UPTC members calling for a special meeting for the purpose of amending the charter. Upon verification of the petition, the chair of the UPTC must call a special meeting within 14 calendar days from the receipt of the petition to vote on the amendment. Ratification shall be by two‐thirds of members voting. Section 2. Amendments become effective when approved by the Faculty Senate and the president of the University of North Texas. Section 3. Amendments to the bylaws shall be initiated by a first reading at any meeting of the UPTC and shall be ratified by a simple majority of the committee members attending the next meeting. Such amendments to the bylaws shall be published in the minutes and filed in the Faculty Senate office. ARTICLE VIII. Enacting this charter Section 1. This charter becomes effective when adopted by a two‐thirds majority of the Faculty Senate voting in a ratification election, and approved by the president of the University of North Texas. References and Cross‐references Charter of the Faculty Senate of the University of North Texas Faculty Appointments and the Granting of Tenure and Promotion Charter of the University of North Texas Review Committee 15.1.33 UNT Faculty Discipline Policy Page 3 BYLAWS OF THE UNIVERSITY OF NORTH TEXAS PROMOTION AND TENURE COMMITTEE SUBJECT: BYLAWS OF THE UNIVERSITY OF NORTH TEXAS PROMOTION, TENURE, AND REVIEW COMMITTEE APPLICABILITY: FACULTY ARTICLE I. Relationship to Existing University Structure The UPTC serves as an independent body and is not part of the Faculty Senate, although the Senate manages the membership of the Committee. The UPTC is a recommending body to the University. ARTICLE II. Jurisdiction of the UPTC The UPTC is responsible for the oversight of promotion, tenure, and reappointment issues related to both procedure and substance. ARTICLE III. Committee Membership Section 1. One tenured associate or full professor committee member shall be elected by the full‐time faculty in each of the eight Faculty Senate voting groups. Section 2. Five tenured full professor members shall be elected at large by the tenured or tenure‐track full‐time faculty. Section 3. No more than two of the 13 members shall be from the same Faculty Senate voting group. ARTICLE IV. Terms, Qualifications and Elections Section 1. Terms One‐third of the UPTC members shall be elected each year. Lots shall be drawn for terms of one, two or three years as needed to maintain regular rotation because of resignations. Section 2. Definition of Terms a. Full‐time faculty shall be defined for purposes of UPTC membership as an individual whose salary is solely drawn from the UNT instructional budget, institutional related research grants, or a combination of the two. b. Administrators shall be defined as those individuals who are appointed as divisions/department chairs or above. Faculty in administrative positions may not serve on the UPTC during the time that they are administrators. Section 3. Attendance Policy A member who misses three consecutive meetings without prior notification to the chair may be asked to resign his or her position after a vote by a majority of the full UPTC. In the absence of such a resignation, the position shall be declared vacant upon the majority vote of the remaining members. Page 4 Section 4. Regular Elections a. All regular elections shall occur during the fall or spring semester. b. Each election shall be conducted by the Faculty Senate on behalf of the UPTC. c. Elections for Faculty Senate group members shall normally be completed prior to April 1. d. Elections for at‐large members shall normally be completed prior to May 1 but must not be held until after the Faculty Senate voting group elections are complete. e. All nominations and elections for members of the UPTC shall follow the normal election procedures of the Faculty Senate. Section 5. Special Elections If a vacancy is declared during the fall or spring semesters, a special election to fill that vacancy shall be initiated within 30 calendar days after the vacancy has been declared. If a vacancy is declared during the summer semester, a special election to fill that vacancy shall be initiated within 30 calendar days after the beginning of the fall semester. Section 6. Eligibility for Voting Only tenured or tenure‐track full‐time faculty members are eligible to vote in UPTC elections. Administrators, as defined in Section 2 above, are ineligible to vote in UPTC elections. Section 7. Modified Service Persons on modified service are not eligible for UPTC membership, nor are they eligible to participate in the UPTC election procedures. However, faculty members on modified service may serve as advocates. Section 8. Election Procedures a. A nominating election, a primary election and, if needed, run‐off elections shall be conducted. b. Each constituent faculty member may nominate one person for a vacancy in the relevant Senate voting group. All eligible individuals who receive at least two nominations and who agree to serve shall be placed on the primary election ballot. c. Each constituent faculty member may nominate one person for a vacancy from the tenured full professors‐at‐large committee membership. All eligible individuals who receive at least two nominations and who agree to serve shall be placed on the primary election ballot. d. If at least two nominees do not agree to serve or fail to receive two nominations, the nominees for the primary ballot shall consist of all qualified individuals who receive at least one nomination and agree to serve if elected. e. In no case shall a primary ballot contain fewer than two names. f. If a majority vote is not achieved by a candidate in the primary election, an election(s) shall be conducted between the two (or more in the case of a tie or ties) top candidates until a candidate achieves a majority vote. ARTICLE V. CONDUCT OF BUSINESS Section 1. Appeals Page 5 The UPTC shall meet as needed to hear appeals of promotion, tenure, or reappointment decisions made at the university level. Section 2. Voting All UPTC members, including the chair, shall be entitled to vote on appeals they have heard. Section 3. Election of Officers At its first meeting each fall semester, the UPTC shall elect its chair for that academic year. The chair must be a full professor. Also, the UPTC shall elect a vice‐chair and a recorder to serve for the academic year. The vice‐chair must also be a full professor. These officers shall serve as the UPTC executive committee. Section 4. Executive Committee a. The executive committee may provide information and/or advice when necessary to members of the university community, but the executive committee shall not have the authority to make decisions that are binding on the committee. b. Should a position on the executive committee be vacated, the UPTC shall hold an election for that position within 30 days. c. Should the elected chair become unable or unwilling to appropriately and effectively fulfill the duties of chair, two‐thirds of the UPTC membership may petition for a meeting to replace the chair. Section 5. Business Meetings a. The UPTC shall meet at least once each regular fall and spring semesters in order to address any issues that may arise. These meetings may be facilitated online, if appropriate. b. The UPTC shall be empowered to conduct official business at meetings other than formal appeal hearings as long as at least seven members (a quorum) are present. Section 6. Eligible Members for Hearing Tenure, Promotion, or Reappointment Appeals UPTC members who have been involved in an appeal process as members of department, school, or college grievance committees are disqualified from appeal hearings and related meetings and shall not vote on appeal decisions. Any members from departments that are party to an appeal are also ineligible. Section 7. Quorum a. A quorum of no fewer than 7 eligible UPTC members, one of whom must be the chair of the committee, must be present for any business other than tenure, promotion, or reappointment appeal hearings to be conducted. In extraordinary circumstances, the vice chair will assume the role of the chair. Page 6 b. A quorum of no fewer than the majority of eligible UPTC members comprising a committee or subcommittee to hear a tenure, promotion, or reappointment appeal, one of whom must be the chair of the committee, must be present to conduct business related to the appeal. In extraordinary circumstances, the vice chair will assume the role of the chair. PROCEDURES OF THE UNIVERSITY OF NORTH TEXAS PROMOTION AND TENURE COMMITTEE ARTICLE VI TENURE, PROMOTION, OR REAPPOINTMENT APPEALS Section 1. Filing of an Appeal a. An appellant must conform to the requirements, of the UPTC Charter/UNT Policy 15.0.8.00000 (Hearing by the UPTC) of the Policy on Faculty Appointment and Granting of Tenure and Promotion. b. An appeal must be initiated in writing within 10 calendar days following written notification from the Provost of a negative tenure, promotion, or reappointment decision. c. The appeal initiation must be made concurrently to the President of the University and the Chair of the UPTC. d. The Chair of the UPTC has 7 calendar days in which to start the appeal process. Section 2. Acceptance of Appeal The chair of the UPTC shall immediately, upon receiving notification of a request for review of an appeal, assign a case number and create a file. In all references to the case, other than internal UPTC discussions, the case number must be used. Section 3. Documentation for an Appeal The primary responsibility for developing a brief and other evidence in support of the case rests on the appellant. Access to necessary information shall be supported by the UPTC. Section 4. Procedures for Appeal Hearings before the UPTC a. A hearing before the UPTC shall be scheduled at a time suitable to all parties concerned, within a period of no later than 30 calendar days (under normal circumstances) after the UPTC receives notification from the President that a request has been made by an appellant. b. Ordinarily, the full UPTC shall hear appeals (to the extent that members’ schedules permit). If the UPTC determines by majority vote that it would be expedient (e.g., in the case of several appeals needed to be heard in a short time frame, or because of difficulty in finding convenient meeting times for UPTC members, appeal parties, and witnesses) to form subcommittees for appeal hearings, then either the eligible committee members will be selected at random to form a subcommittee of no less than seven members or the eligible available members for a hearing may comprise a subcommittee of no less than 7 members. The chair will endeavor to split the workload of service on the subcommittees equally among all UPTC members. c. The appellant and the appellee (i.e., the administration) shall be afforded not less than 10 calendar days’ notice of the date of the hearing. Page 7 d. The chair of the UPTC should notify the appellant and appellee of the time and place of the hearing and provide them with an outline for the structure of the hearing. e. The appellant and the appellee must exchange their respective documents within 7 calendar days of the hearing. f. The appellant and the appellee are each responsible for notifying their witnesses of the scheduled date and time anticipated for testimony. If both parties want the same individual as a witness, each party is independently responsible for notifying that individual and ensuring that she or he is on call for the hearing. It is not the responsibility of the UPTC chair to notify potential witnesses. g. The hearing shall be restricted to the principals, their advocates, the witnesses called by the parties, and such observers as the UPTC may specifically invite. The witnesses will be present only for the duration of their testimony. h. Each of the principal parties is entitled to invite a non‐participating observer from a recognized education agency to attend the hearing. i. The parties may be represented by academic advocates of their own choosing. j. Each party must provide written documents deemed pertinent (e.g. briefs, expert opinions, witness list, and other evidence) to the UPTC and to the other party.. Sixteen copies of all documents to be used in the hearing, must be provided at least 7 calendar days prior to the hearing. An electronic copy of the material in Adobe Acrobat PDF format will be provided to the chair. The chair of the UPTC shall distribute the copies. k. Both parties shall have the right to confront, cross‐examine, and rebut all witnesses. l. Faculty members shall not be required to testify against themselves. m. Only relevant but full and uninterrupted argument by the parties shall be allowed. n. A verbatim record of the hearing will be taken by a qualified recorder. A typewritten (word processed) copy, which includes the conclusions and recommendations of the UPTC, together with minority opinions, shall be made available to the appellant without cost, at his or her request. Section 6. Sequence of Events at an Appeal Hearing before the UPTC a. The chair of the UPTC shall preside over the appeal hearing and is empowered to set time limits for the presentation of each point, at his or her discretion, in the interest of expediency and clarity. b. The parties are responsible for having their witnesses available for the hearing. If witnesses are to be on call, the relevant party is responsible for notifying them of when to appear so the hearing proceeds as expeditiously as possible. c. The chair shall direct first the appellant and then the appellee to bring forward all challenges to the hearing, witnesses, and evidence to be presented at this time. Page 8 d. The appellant shall deliver a brief opening statement (limited to no more than 10 minutes), outlining the nature of his or her complaint or complaints. Ideally, this statement will be written; however, the form of the opening statement is left to the discretion of the appellant. In the opening statement, the appellant should distinguish charges concerning procedural failures by the appellee, charges concerning substantive issues, or any other relevant issues. Further, the appellant should specify what action or remedy is being requested. UPTC members may request clarification of the appellant. e. Following the opening statements, the appellant shall present the first item of evidence, along with any witness(es) who could substantiate that evidence, and any accompanying interpretation by the appellant (limited to no more than 15 minutes). After the presentation of the first item of evidence or witness, the appellee shall have the opportunity to challenge the evidence, witness, or interpretation before the appellant proceeds to the second item of evidence (limited to no more than 15 minutes). f. Following the challenge by the appellee, members of the UPTC shall have the opportunity to ask questions of the appellant, the appellee, or any of the witnesses before the appellant proceeds to the next item of evidence or witness. This process shall be followed for each item of evidence. g. After the appellant’s presentation, the appellee shall deliver a brief opening statement outlining his or her position (limited to no more than 10 minutes). Ideally this statement will be written; however, the form of the opening statement is left to the discretion of the appellee. h. Following the opening statement, the appellee shall present the first item of evidence, any witness(es) to substantiate that evidence, and any accompanying interpretation by the appellee (limited to no more than 15 minutes). After the presentation of the first item of evidence or witness, the appellant shall have the opportunity to challenge the evidence, witness(es), or interpretation before the appellee proceeds to the second item of evidence (limited to more than 15 minutes). i. Following the questioning by the appellant, members of the UPTC shall have the opportunity to question the appellee, the appellant, or any of the witnesses before the appellee proceeds to the next item of evidence or witness. This process shall be followed for each item of evidence. j. The UPTC, through its chair, may call its own witnesses. k. After the appellee’s presentation, the appellant may present a rebuttal (limited to no more than 10 minutes). l. After the appellant’s rebuttal, the appellee may present a rebuttal (limited to no more than 10 minutes). m. The appellee shall present a summary and concluding statement (limited to no more than 15 minutes.) n. The appellant shall present a summary and concluding statement (limited to no more than 15 minutes). o. Following the presentation of argument(s) and evidence by the appellant and the appellee, the UPTC shall go into executive session for an initial discussion as to the judgment of the appeal. If there is not a unanimous decision, the committee may adjourn for a maximum of 48 hours and resume to render a judgment as soon as is practical after receiving the transcript of the appeal hearing. p. At its resumed meeting, the committee will render its judgment. In the formation of its judgment, the committee may confine itself to the question narrowly presented by the appellant; or at its discretion, it may apply principles of equity in order to formulate a judgment other than that requested by the appellant or appellee. q. The individual decisions of the hearing committee members will remain confidential. Page 9 r.
If the decision is not unanimous, an anonymous minority report will be drafted, circulated, and commented on for accuracy by members of the majority. Section 6. Report of Results from Hearings a. The UPTC shall make explicit findings on each of the grounds presented. The chair of the UPTC shall submit a written report to the President and to the appealing faculty member simultaneously, with a copy to the Provost, no later than 10 calendar days following the closing of the hearing. b. No document used in a UPTC appeal hearing shall be included in an appellant’s personnel file unless the appellant so requests. ARTICLE VII. Amendments None originally. Page 10