Policies

Faculty Appointments

Hendrix College, Academic Affairs - Faculty & Administration
Policy # 01140
Effective: Monday, October 15, 2018
Purpose

This section contains policies for faculty appointments.

Additional Authority
Scope

This policy applies to Faculty.

Responsible Party

1. C.2 Faculty Appointments

This section contains policies for faculty appointments.

2. C.2.a. Terms of Appointment [Operating Procedure]

The terms and conditions of every appointment to the Faculty shall be stated in writing, and a copy of the appointment document is given to the Faculty member. Any modifications of an appointment and any special understandings are also stated in writing, and a copy is promptly given to the Faculty member. 

Hendrix Faculty are nine-month employees of the College. However, because of the structure and staffing needs of the library, Library Faculty are twelve-month employees of the College. Faculty should consult the Human Resources Office for more details about benefit details and differences in the two types of employees.

3. C.2.b. Types of Faculty Appointments [Operating Procedure]

There are four kinds of appointments to the Faculty at Hendrix College: Fixed Term Special Appointments, Continuing Special Appointments, Probationary Appointments, and Appointments with Continuous Tenure.

Special Appointments 

Fixed Term Special Appointments are of limited duration or until the accomplishment of a specified objective, ordinarily to temporarily replace a regular Faculty member. Rank assignments generally include the adjective "visiting." Fixed Term Special Appointments are neither probationary nor with continuous tenure. The letters of appointment for these positions clearly state the appointment termination date. The appointment expires at that date without further notification. 

Fixed Term Special Appointments are generally limited to three years of full-time services. In extraordinary circumstances, such appointments may be extended annually for a total not to exceed six years. If a Fixed Term Special Appointment is followed by a Probationary Appointment, then the Probationary Appointment is generally regarded as having commenced at the time the Fixed Term Special Appointment commenced, unless other arrangements are negotiated at the t ime the nature of the appointment is changed.

Adjustments reflecting salary, promotions, and salary supplements will be communicated to Faculty members holding Fixed Term Special Appointments by June 15 and become effective August 1.

Fixed Term Special Appointments lasting longer than two years are evaluated according to the same schedule as Probationary Appointments. Faculty with Fixed Term Special Appointment are voting members of the Faculty and participate in formal academic occasions such as convocations and commencement.

Continuing Special Appointments are for full-time Faculty who lack the terminal degree but whose appointments are expected to be of indefinite duration; library Faculty who carry Faculty rank, whether or not they have the terminal degree; or for administrative staff members whose positions entail regular teaching responsibilities and carry Faculty rank, whether or not they have the terminal degree. Continuing Special Appointments are subject to annual renewal. Faculty with Continuing Special Appointments are evaluated according to the schedule appropriate to the rank, but the positions are not tenurable. Faculty with Continuing Special Appointments with rank above the level of instructor are evaluated for promotion according to the schedule appropriate to their rank. Faculty with Continuing Special Appointments are voting members of the Faculty and participate in formal academic occasions such as convocations and commencement. Adjustments reflecting salary, promotions, and salary supplements will be communicated to Faculty members holding Continuing Special appointments by June 15 and become effective August 1.

When a decision not to renew a Continuing Special Appointment has been reached at the end of an annual appointment period, the Faculty member is informed of that decision, in writing by the President or the President's delegate, on or before May 1. The Faculty member may request reconsideration through the Faculty Grievance Procedure.

Probationary Appointments 

Probationary appointments are for one year, or other such stated period, subject to renewal. The total period of full time service prior to the acquisition of continuous tenure will not exceed seven years, including credit for up to, but no more than, 3 years of prior full-time service at other institutions of higher education. The normal probationary period for a Faculty member with no previous experience is six years, with time spent as a full-time instructor credited towards the probationary period. The credit for previous service is stated in the initial letter of appointment.

Where a new appointee has previously served another institution for more than three years, it may be agreed in writing that the total period of the probationary appointment at Hendrix College may be as long as four years, even though the appointee’s total probationary period in the academic profession is thereby extended beyond the normal seven years. Scholarly leaves of absence may count toward full-time service if both the individual and the College agree so, in writing, prior to the absence.

Adjustments reflecting salary, promotions, and salary supplements will be communicated to Faculty members holding Probationary Appointments by June 15 and become effective August 1.

When a decision not to renew a probationary appointment has been reached, at the end of an annual appointment period, the Faculty member involved is informed of that decision, in writing by the President or the President’s delegate, according to the following schedule:

  • not later than March 1 of the first academic year of service if the appointment expires at the end of that academic year; or if a one-year appointment terminates during an academic year, at least three months in advance of its termination;
  • not later than December 15 of the second academic year of service if the appointment expires at the end of that academic year; or, if a one-year appointment terminates during an academic year, at least six months in advance of its termination;
  • at least twelve months before the expiration of an appointment after two or more years of service at the College.

The Faculty member may request a reconsideration through the Faculty Grievance Procedure.

Appointments with Continuous Tenure

It is recognized by the Board of Trustees, the College administration, and the Faculty that the purpose of academic tenure is to engender freedom of teaching and research and of extramural activities, and also a sufficient degree of economic security to make faculty membership at Hendrix College attractive.

When a Faculty member is granted tenure, he or she is notified in writing. Upon receiving a tenure appointment, a Faculty member shall have permanent and continuous tenure, which is defined as meaning that employment shall not be terminated or academic rank reduced except for adequate cause as described in the subsequent section “Termination of Appointment by the College.”

Adjustments reflecting salary, promotions, and salary supplements will be communicated to Faculty members holding appointments with continuous tenure by June 15 and become effective August 1.

Instructors and Assistant Professors are granted tenure only in exceptional circumstances.

Appointments to administrative positions are without tenure. A member of the Faculty with tenure who also holds an administrative position may be removed from the administrative position, but not from his or her Faculty position, without reference to the principles of academic tenure.



4. C.2.c. Faculty Qualifications Policy

Any exceptions to the following minimum criteria must be approved in writing in advance of hiring by the Provost and the Committee on Faculty.

Tenure-Track Faculty (and Non-Tenure-Track Faculty hired at the rank of Assistant Professor)

  • terminal degree in the discipline
    • usually a Ph.D. or other doctorate
    • terminal master’s in some disciplines including art, theatre arts, dance, and creative writing, usually a M.F.A.
    • master’s degree in business or accounting with a C.P.A. or J.D. and at least 5 years relevant work experience
    • for master’s program in accounting at least 8 years of relevant staff member experience or 4 years of relevant management experience)
    • in some circumstances new faculty may be hired at the rank of instructor without completion of the terminal degree—assuming the degree is expected within one year 

Non-Tenure-Track Faculty (hired at the rank of Instructor)

  • master’s degree in the discipline
    • usually a M.A., M.S., or M.B.A.
    • professional degree such as J.D. with appropriate previous teaching and professional experience

Adjunct Teaching Staff

  • master’s degree in the discipline
    • usually a M.A., M.S., or M.B.A.
    • professional degree such as J.D. with appropriate previous teaching and professional experience
    • for physical activity courses the minimum qualification is appropriate certification and/or experience teaching the particular activity as determined by the Physical Activities Coordinator in consultation with the Associate Provost for Academic Affairs.

Comments on Sub-disciplines

  • At the tenure-track level of hiring, most departments seek generalists who can contribute to the curriculum in the discipline in broad ways while adding expertise in particular areas of the discipline.  These areas may or may not rise to the level of recognized sub-disciplines.
  • In some departments recognized sub-disciplines are part of the fixed curriculum in the discipline.  In those departments, faculty who teach in those sub-disciplines must have at least 18 semester hours of graduate work in the sub-discipline.  The consideration of substitution of fewer than 18 graduate hours with additional certificates, training, or other professional development experiences must be approved in advance by the Provost.
  • Faculty who teach courses outside of the discipline in which they were hired must have at least 18 semester hours of graduate work in the other discipline.  The consideration of substitution of fewer than 18 graduate hours with additional certificates, training, or other professional development experiences must be approved in advance by the Provost.

Comments on Interdisciplinary Studies

  • Faculty who teach courses in an interdisciplinary studies program teach content related to the discipline of their degree.  Those courses are either regular courses in their home departments or cross-listed with regular courses in their home departments. 
  • Faculty who teach courses in an interdisciplinary studies program that are not directly related to the discipline of their degree must have at least 18 semester hours of graduate work in the interdisciplinary discipline. The consideration of substitution of fewer than 18 graduate hours with additional certificates, training, or other professional development experiences must be approved in advance by the Provost.

Comments on General Education Program

  • The Engaged Citizen faculty are expected to demonstrate a commitment to the aims of liberal arts learning as outlined in Hendrix’s Vision for Student Learning. In particular, instructors should be dedicated:
    • to guiding students “in discerning and understanding core principles about complex issues” related to engaged citizenship,
    • to encouraging students “to enhance their understanding by making connections among different bodies of knowledge” to formulate arguments about engaged citizenship,
    • to teaching students to “communicate their findings effectively and persuasively,”
    • and to preparing students for vibrant Odyssey experiences later in their Hendrix careers by providing students opportunities to “reflect on their studies” and “engage with the world based on their inquiry and deliberation.”
  • Only full-time faculty who have two or more years of teaching experience at Hendrix teach The Engaged Citizen.  The Engaged Citizen Working Group uses faculty “statements of intent” to evaluate commitment to the above aims.  Faculty are also involved in TEC workshops.
  • Explorations sections are taught by
    • Hendrix Faculty who have completed academic advising training and have been at Hendrix at least two academic years.  In most cases, the faculty serve as academic advisors for students in their sections.  
    • Hendrix staff with a master’s degree and with the approval of the Director of Academic Advising. 
  • Explorations teachers must also complete summer workshops during the summer before Explorations is taught.


5. C.2.d. Grievance and Termination Policies

Hendrix College is a supportive academic community; however, despite everyone’s best efforts there are occasions when serious problems arise that cannot be resolved through informal discussions or the usual committee structure. Grievance procedures encompass a broad range of informal to formal actions and are initiated by a Faculty member. In contrast, termination of a Faculty member is initiated by the College Administration only after all other appropriate avenues have been exhausted. Guidelines for both policies appear below and are written to be consistent with the policies recommended by the American Association of University Professors (AAUP) and with historical practices at Hendrix College.

Termination of Appointment by the Faculty Member [Operating Procedure]

A Faculty member with a special appointment, with probationary appointment, or with continuous tenure may terminate his or her appointment effective at the end of an academic year, provided that the Faculty member gives notice in writing at the earliest possible opportunity, but not later than May 15. The Faculty member may request a waiver of this requirement of notice in case of a hardship or in a situation where the Faculty member would otherwise be denied substantial professional advancement or other opportunity.

Grievance Procedure

Faculty grievances can be separated into two categories as follows:

      A.  Complaints involving two Faculty members that involve person-to-person disagreements that are NOT between two Faculty members where one is in the formal evaluation chain of the other

      B.  Complaints from Faculty members, including adjunct teaching staff, that involve issues related to supervisory positions or to the College in general

Category A Grievances.  Complaints involving two Faculty members that involve person-to-person disagreements that are not related to supervisory positions are handled through the Human Resources Office [HR].  Faculty with these grievances should consult HR.  If the HR process does not lead to a satisfactory outcome for the Faculty member AND if the grievance did not involve gender-based misconduct or issues of discrimination, the Faculty member may appeal through the Committee on Academic and Professional Concerns [APC].  In these appeals, APC follows the regular procedures as described below in the process section.

Category B Grievances.  The following policy is the formal procedure for Faculty members, including adjunct teaching staff, with grievances against the College or persons in the formal evaluation chain for the Faculty member.  These grievances are handled by APC and include matters relating to promotion and tenure, teaching loads, academic freedom, salaries, and incidents of unfair practices.  Because grievances of this type may also involve gender-based misconduct or issues of discrimination (for which HR is responsible for answering compliance with federal law), it is imperative that APC discusses all complaints with HR without delay before a grievance proceeds.  In particular, APC uses the following three-stage process:

Contact Phase. The concerned Faculty member, or adjunct teaching staff, contacts one or more members of APC.  The Faculty member, along with an advisor/advocate from the Hendrix community if desired, and these committee members meet informally and privately to discuss the problem.  APC consults HR during this process to ensure that any issues involving gender-based misconduct or discrimination are dealt with using Hendrix policies that ensure that proper civil rights investigation procedures are followed based on the specific nature of the claim.  If HR determines that gender-based misconduct or discrimination are involved, then the grievance will move to HR for resolution—including any subsequent appeals.  Otherwise, the complaint will remain with APC.  If the complaint remains with APC, then after discussions with the APC members initially involved, the Faculty member, or adjunct teaching staff, can withdraw the grievance or prepare a written statement to the entire committee.  APC should provide a written statement of the grievance to all parties.  At this time the Faculty member, or adjunct teaching staff, may request to use the formal hearing procedures as described in the section on termination rather than proceeding with the two following phases. 

Study Phase. Upon receipt of a written statement of a grievance, APC provides the opportunity for recusal and replacement of committee members who may be biased in the concern.  Recusal of a committee member may be requested by the Faculty member or at a committee member’s own initiative.  Replacements are made according to the last APC election, or if necessary, by a lottery among eligible voting Faculty members.  The committee considers the statement and involves other parties as necessary.  Final consideration is made in closed session without the Faculty member, or adjunct teaching staff, and any other parties.

Recommendation Phase. Any recommendations generated by APC are presented to all involved parties. If unsatisfied with the recommendation proposed at this stage, any party may appeal in writing to the Provost, or the President if the Provost is named in the grievance.  The Provost, or the President if the Provost is named in the grievance, or in turn, the Board of Trustees if the President is named in the grievance, considers all final recommendations from HR and APC processes (excluding any cases that are determined by HR to involve gender-based misconduct or discrimination) before making a final decision.  The final decision is communicated to all parties.

The flow chart depicting the Faculty Grievance Policy procedure is for illustration only and does not in any way limit or amplify any term or provision of the written, narrative policy above. In the event that there is a conflict of interpretation between the written policy and the flow chart, the illustration/flow chart is for convenience only and the language of the written policy shall control.

Grievance Flowchart(1)

Termination of Appointment by the College [Operating Procedure]

The following policy is the formal procedure for termination of a Faculty member by the College. This termination policy covers the termination of Faculty with special or probationary appointments before the end of the appointment period as well as the termination of tenured Faculty. This policy does not apply to the non-renewal of Faculty with special or probationary appointments at the end of the appointment period. These issues are covered by the policies in earlier sections.

Adequate Cause 

Termination will not be used to restrain Faculty members in their exercise of academic freedom or other rights of American citizens. Termination in the two cases covered by the termination policy as described above must be for adequate cause. Adequate cause includes financial exigency, discontinuance of a department or program, medical reasons, or dismissal for cause. In all cases, the Faculty member has the right to an adjudicative hearing by the Committee for Academic and Professional Concerns (APC).

In cases involving financial exigency, the Faculty member will be given notice and severance salary in accordance with College policy. The College will exert its best efforts to place such Faculty members in other suitable internal positions. The terminated Faculty member’s position will not be filled by a replacement within a period of three years unless the terminated Faculty member has been offered reappointment and a reasonable time within which to accept or decline the reappointment.

In cases involving termination because of discontinuance of a department or program for reasons other than financial exigency, the decision to discontinue the department or program will be based essentially upon educational considerations as determined by the Faculty. The College will exert its best efforts to place such Faculty members in other suitable internal positions and to offer reasonable training for such positions. If no such positions are available, the Faculty member will be given notice and severance salary in accordance with College policy.

In cases involving disability, termination must be based on medical evidence that the Faculty member, even with reasonable accommodation, is no longer able to perform the essential duties of the position. This conclusion is usually the result of conversations between the administration and the Faculty member or the Faculty member’s representative.

Dismissal for cause must be related, directly and substantially, to the fitness of Faculty members in their professional capacities and the Faculty member’s performance. Incompetence, neglect of duty, and misconduct involving moral turpitude are examples of grounds for dismissal for cause but are not the only grounds which would support dismissal for cause.

Intent to Terminate Process [Operating Procedure]

When a serious problem arises that involves adequate cause, and cannot be resolved through discussion with the involved parties, the Committee on Faculty (COF) meets to study the situation. The result of the study may be a recommendation to the President that the Faculty member be terminated. If a recommendation to terminate is accepted by the President, then the President notifies the Faculty member of the intent to terminate and provides the Faculty member with a statement of charges, framed with reasonable particularity.

The Faculty member may ask for a formal hearing by the Academic and Professional Concerns Committee (APC) to appeal the decision to pursue termination. The request for the appeal must be made within 30 days of the receipt of the intent to terminate letter from the President. APC will conduct the appeals hearing according to the rules described in the following section on the Hearing Process.

Pending the final report of APC, the Faculty member will be suspended or assigned to other duties only if immediate harm to the Faculty member or others is threatened by continuance.

Hearing Process for Termination Appeals [Operating Procedure]

Once the Faculty member requests an appeal, APC will provide the opportunity for recusal and replacement of committee members who may be biased in the case. Recusal of a committee member may be requested by either party or at a committee member’s own initiative. Replacements are made according to the last APC election, or if necessary, by a lottery among eligible voting Faculty members.

APC may, with the consent of all concerned, hold pre-hearing meetings with all concerned in order to simplify the issues, effect stipulation of facts, provide for the exchange of documentary or other information, and achieve such other objectives as will make the hearing fair, effective, and expeditious. Service of notice of the hearing, with specific charges, in writing will be made at least 20 days prior to the hearing.

The following rules will govern the hearing:

  • APC, in consultation with all concerned, will exercise its judgment as to whether the hearing should be public or private.
  • during the proceedings the Faculty member can have an advisor present.
  • A verbatim record of the hearing will be taken and made available to all concerned upon request.
  • The burden of proof that adequate cause exists rests with the College and will be satisfied only by sufficient evidence in the record as a whole.
  • APC will grant adjournments to enable investigation of evidence as to which any party makes a valid claim of surprise.
  • The Faculty member will be afforded an opportunity to obtain necessary witnesses and documentary or other evidence. The administration will cooperate with APC in securing witnesses and making available documentary and other evidence.
  • The Faculty member and administration will have the right to confront and cross-examine all witnesses but APC has no authority to compel the presence of witnesses.
  • In the hearing of charges of incompetence, the testimony will include that of qualified Faculty members from the College or other institutions.
  • APC will not be bound by strict rules of legal evidence and may admit any evidence that is relevant.
  • Findings of fact and the decision will be based solely on the hearing record.
  • All parties will be notified in writing of the results of the hearing and any decisions made by APC.

APC can deny the appeal, support the appeal, or support the appeal with the recommendation of some academic penalty less than termination.

Final Review of Hearing Recommendation [Operating Procedure]

If termination or other severe sanction is recommended by APC, the Faculty member may communicate to the President a request for a final review by the Board of Trustees. If such a review is requested, the President will transmit the record of the case to the Trustees for review. Otherwise, the President will officially notify the Faculty member of the termination.

If APC concludes that adequate cause for termination has not been established, the President may reject APC’s findings. In this situation the President will state the reasons for rejecting the report, in writing, and provide an opportunity for response from all parties before transmitting the record of the case to the Board of Trustees for final review.

Final review by the Board of Trustees will be based on the record of the hearing, and it will provide opportunity for argument, oral or written or both, by any party involved in the hearing. The decision of APC will either be sustained or returned to the committee with specific objections. APC will then reconsider, taking into account the stated objections and receiving new evidence if necessary. The Board of Trustees will make a final decision only after study of the reconsideration by APC.

Salary and Notification Schedule after Termination [Operating Procedure]

Once a termination decision has been made and the Faculty member has been notified of the termination, the Faculty member will receive salary until dismissal according to the schedule that follows. The time until dismissal covered by this schedule is referred to as the termination period.

  • If the termination decision is reached at least three months prior to the end of the first year of service, the termination period will be three months.
  • If the termination decision is reached after nine months but prior to eighteen months of service, the termination period will be six months.
  • In all other cases, the termination period will be one year.

In cases in which a Faculty member is dismissed for misconduct involving moral turpitude, termination shall be immediate, and no salary will be paid beyond the termination date.

Sanctions other than Termination [Operating Procedure]

Any severe sanction such as suspension from service for a stated period will be handled in the same way as a termination. Any minor sanction such as a reprimand will be handled through the grievance policy described in the previous section.

Revisions

Date Change
10/15/2018