BOT 506: Faculty - Nontenured in Tenure System

Regular, full-time appointments to the faculty of Michigan State University are normally made by the president or the Board of Trustees under the provisions of the Michigan State University tenure system approved by the Board of Trustees on May 15, 1952 and subsequently amended on November 19, 1959, November 15, 1962, November 21, 1969, and July 16, 1971. The rules of tenure, as established by the Board of Trustees, provide the procedural basis for the protection of rights and responsibilities of both the faculty member and the University. 

University policies and procedures governing conditions of appointment with respect to initial appointment, probationary service period, reappointment, change in assignment, tenure classification, promotion, termination and dismissal are detailed in the statues of the University. Recommendations for actions under the tenure system are the responsibility of the administrator of the basic administrative unit. (The basic administrative unit is defined as department, school, institute, residential college, or other comparable academic unit.)

Within the tenure system of Michigan State University, faculty members are classified in two groups, faculty with tenure and non-tenured faculty. Faculty with tenure are those that hold appointments for an indefinite period without a terminal date. Faculty members in non-tenured statues are in two categories: 

1. Visiting or temporary faculty members appointed for a specific period of time outside the tenure system are not members of the tenure system. Temporary appointment with a specified termination date does not imply reappointment or temporary extension of appointment by the University. If reappointment is to be made, negotiation of the conditions of reappointment must originate with the basic administrative unit. 

2. Faculty members appointed to the regular, full-time faculty by the Board of Trustees or the president under the tenure system are subject to the provisions appropriate to their status, even though they may not have been granted tenure. Only persons appointed by action of the Board of Trustees to the rank of Professor have tenure from the date of original appointment. 

Recommendations for actions affecting the appointment, reappointment or promotion of faculty members under the tenure system must be in accord with the provisions of the tenure system.

At the level of the basic administrative unit, judgments on non-tenured faculty with respect to professional competence (including teaching ability), academic potential, and the needs of the department are made by the responsible administrator after consultation with the tenured faculty and/or other duly constituted group specified in the bylaws of that basic administrative unit. Recommendations for reappointment or promotion which do not involve the award of tenure are reviewed and must be approved successively by the dean, the provost and the president, who makes the final decision. Recommendations for reappointment or promotion which involve the award of tenure are reviewed and must be approved successively by the dean, the provost, and the president, who makes the final recommendation to the Board of Trustees for action.

Each basic administrative unit shall base its judgments on criteria and procedures that are clearly formulated, objective and relevant. These criteria and procedures shall be known to all members of the basic administrative unit. If appropriate, the responsible administrator may supplement information required for these judgments by consulting with representative non-tenured faculty, students and/or qualified individuals outside the basic administrative unit. Review procedures shall be described in its bylaws and shall include a means by which the faculty member is evaluated and informed annually of his/her progress. These bylaws shall provide for a designated group to make recommendations with respect to reappointment, tenure, or promotion. Procedures shall also exist by which the faculty member may confer with this sub-group before a decision is made in his/her case.

A decision not to reappoint a non-tenured faculty member does not necessarily imply that the faculty member has failed to meet the standards of the University with respect to academic competence and/or professional integrity. This decision may be contingent, wholly or in part, upon the availability of salary funds and/or departmental needs. The decision not to reappoint a non-tenured faculty member does not require action by the Board of Trustees. In the case of a non-tenured faculty member within the tenure system, notification is required as set forth in the current Handbook for MSU Faculty. Non-tenured faculty members appointed in the tenure system who are not given a further appointment after the expiration of a specific term shall be given reasons in writing upon their written request. The administrator of the basic administrative unit making the decision shall be charged with transmitting these reasons to the faculty member. 

If a non-tenured faculty member believes that the decision not to reappoint has been made in a manner which is at variance with the established evaluation procedures, he/she may, following efforts to reconcile the differences at the level of the basic administrative unit and the Dean of his/her college, initiate an appeal in accordance with the Faculty Grievance Procedure.

When reason arises to consider dismissal of a non-tenured faculty member before the expiration of his/her term of appointment, the procedures to be followed shall be identical with those established for the dismissal of a tenured faculty member.

The terms and conditions of employment shall be provided in writing to the faculty member at the time of appointment. These terms should include:

a. the time period covered by the appointment.

b. beginning salary provision. 

c. the general expectations in regard to the professional responsibilities of the person being appointed. 

d. conditions other than the appointee's performance of responsibilities that may make a further appointment inadvisable. 

The chairperson of the appointing unit shall deliver in writing to the non-tenured faculty member at the time of appointment a copy of the Bylaws which specifies that administrative unit's procedures for actions on the status of non-tenured faculty. 
 

Enacted: April 17, 1970

Retired Policy No. 03-17-10