29.3 Tenure-Track Denial of Reappointment, Tenure, or Promotion

  1. Scope. The procedures described in this section constitute the exclusive remedy within the university for a faculty member who wishes to challenge a university decision to deny reappointment, tenure, or promotion, to the faculty member. The university's policies regarding tenure are set forth in III-10.5.
  2. Notice of decision and right to challenge. The collegiate dean shall promptly, via email, inform the faculty member of the university decision and of the faculty member's right to challenge it under these regulations and shall provide a link to these procedures as part of that official notification (decision notice).
  3. Grounds for a challenge to a decision to deny reappointment, tenure, or promotion. A challenge by a faculty member to a university decision denying reappointment, tenure, or promotion to the faculty member may be made only on one or more of the grounds which are identified and defined as follows: 
    1. Violation of a university obligation: that the decision was made in violation of a written promise of reappointment, tenure, or promotion to the faculty member by an authorized administrator of the university;
    2. Clearly adequate record of achievement: that the decision is unjustified based on the faculty member's clearly adequate record of achievement under governing standards of the department or other academic unit in question;
    3. Violation of academic freedom: that the decision was a violation of the faculty member's academic freedom as described by the Board of Regents;
    4. Improper procedure: that the decision was made without reasonable consultation with the faculty colleagues of the faculty member as required by the university, or in a way that violates established university, college, or department procedures; or
    5. Unfair Impediment: that the decision was the result of a failure of the faculty member to meet the requirements for reappointment, tenure, or promotion, due to an unfair impediment for which the university or one of its officers is responsible.
  4. Protected classification discrimination. Formal complaints of discrimination on the basis of a protected classification in the employment context fall within the purview of the university’s Office of Civil Rights Compliance. Formal findings as the result of the investigation may be used to support claims under grounds set out above.
  5. Petition to initiate proceedings. The faculty member who desires to initiate proceedings on the basis of one or more of these grounds must do so pursuant to the Judicial Procedures described in III-29.7.