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ACADEMIC
FREEDOM
OFFICERS OF INSTRUCTION
TENURE AND TIME LIMITS
LEAVES OF ABSENCE
APPOINTMENT, REAPPOINTMENT, NON-RENEWAL, RESIGNATION
AND RETIREMENT
>COMMITTEE ON GRIEVANCE
RECORD OF REVISIONS
I.
ACADEMIC FREEDOM
Academic freedom means that all officers of instruction, and all officers of
administration while giving instruction, are entitled to freedom in the
classroom in discussing their subjects, freedom in research and in the
publication of its results, and freedom of expression and associations in their
private or civic capacities. The College endorses the five principles contained
in the Statement of Professional Ethics of the American Association of
University Professors.[Policy Documents & Reports, AAUP, 9th Ed,
Johns Hopkins Univ Press, Baltimore, 2001] This statement deals with the
conduct expected of a member of the faculty as a scholar, a teacher, a
colleague, a member of the institution, and a member of the community. The
College expects that members of the faculty will conduct themselves in
accordance with these standards of professional ethics and professional
responsibility.
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II.
OFFICERS OF INSTRUCTION
A.
General Description
As
used in this document, an "officer of instruction" is a person whose
appointment in Barnard College is primarily for teaching (except Research Scientist
and Research Scholar, as defined in Section II.B.2), whether full-time or part-time,
with or without tenure, and whether or not assigned to membership in the Faculty.
A
person rendering full-time service as an officer of instruction engages in a
program of teaching and/or scholarly research in each academic year defined
as two semesters and, if required, one week before and after each semester,
totaling not more than nine months. An officer of instruction with a full-time
appointment whose teaching obligation has been reduced as the result of administrative
or research duties will still be considered a full-time officer of instruction.
A person rendering part-time service as an officer of instruction engages in
a program of teaching in each academic year that is less than full-time, as
stipulated in the officer's letter of appointment.
All
appointments of officers of instruction are made upon recommendation to the
President subject to the policies established by the Board of Trustees and the
terms of any current written agreement with Columbia University. The qualifications
and terms of employment for officers of instruction are set forth in Section
II.B. Exceptions to these provisions in Section II.B may be made in cases of
compelling College interest at the discretion of the President, upon consultation
with the Advisory Committee on Appointments, Tenure and Promotion, subject to
approval by the Board of Trustees.
B.
Grades of Office
1.
LADDER RANKS. The ranks of Professor, Associate Professor
and Assistant Professor are designated as "ladder ranks," specifying
that holders of these ranks have been, or have the potential to be, appointed
with tenure (See Section III). All ladder ranks are full-time appointments,
except as noted in the provisions of Section III.B.6.
Professor
is the highest academic grade and is held by officers of instruction who
have been recognized by the College as distinguished teachers and scholars.
Promotion to this rank is made without stated term (i.e., with tenure). Initial
appointment to this rank may, in exceptional circumstances, be made without
tenure for a term or terms of up to five years if the department has the initial
intent to recommend the candidate for tenure. In such a case, the department
shall make a decision no later than the fourth year as to whether to nominate
the candidate into the tenure process. The tenure deliberation shall take place
no later than the fifth year of service. If positive, the candidate's next year
of service shall be with tenure. If negative, the candidate shall be offered
one final year of service.
Associate
Professor is a rank held by officers of instruction who have been recognized
by the College as having demonstrated teaching and scholarly abilities and who
have given evidence that they will make further significant contributions as
teachers and scholars. This is the lowest grade to which an officer of instruction
may be appointed or promoted without stated term. In certain circumstances,
a term appointment or promotion to this rank is possible: (a) by appointment
for a specified term or terms of up to five years without tenure under the terms
for a Professor in a ladder rank as set forth in the preceding paragraph, i.e.
where the department has the initial intent to recommend the candidate for tenure;
or (b) by promotion for a specified term without tenure pursuant to Section
III.B.4.a. An officer of instruction promoted to this rank pursuant to Section
III.B.4.a. may subsequently be considered for tenure within the eight-year limit.
Assistant
Professor is a rank held by officers of instruction who are in the early
stages of their careers of teaching and scholarly research and who show potential
for achieving distinction as teachers and scholars. Persons appointed to this
rank normally possess the Ph.D. degree or its academic equivalent or the highest
attainable degree in the discipline. Appointment to this rank is for a stated
term of service.
Instructor—Persons
appointed to the faculty with the expected rank of Assistant Professor who have
not yet completed the requirements for the Ph.D. by the date the initial appointment
begins shall hold the temporary ladder rank of Instructor. Appointment in this
rank shall not exceed two years of counted service. For faculty on continuing
appointments, movement from the rank of Instructor to Assistant Professor shall
occur in the semester following the receipt of the Ph.D. or the equivalent professional
degree. If an Instructor has not completed the requirements for the Ph.D. by
December 15 of the second year of counted service, notice of non-renewal shall
be given.
2.
OFF-LADDER RANKS. Off-ladder ranks are ranks to which officers of
instruction are appointed for stated terms of service (i.e., without tenure);
no service in any off-ladder rank may make an officer of instruction eligible
for a tenure consideration. Except for Visiting or Adjunct officers of instruction,
part-time appointments to off-ladder ranks may be combined with administrative
appointments.
Visiting
Professors, Visiting Associate Professors, and Visiting Assistant Professors
are officers of instruction who normally teach at other institutions.
They are appointed to give instruction for stated terms of one year or less
on a full-time or part-time basis, the grade of the appointment depending upon
the qualifications of the individual.
Adjunct
Professors, Adjunct Associate Professors, and Adjunct Assistant Professors are
officers of instruction who possess the Ph.D. degree or equivalent credentials
or experience and normally have careers outside their Barnard position. They
are appointed to give part-time instruction (normally less than one-half time),
the grade of the appointment depending upon the qualifications and achievements
of the individual. Initial appointments are for one year or less; subsequent
reappointments may be for up to three years, subject to departmental review.
Term
Professors, Term Associate Professors, and Term Assistant Professors are
officers of instruction who are appointed for stated terms of one or more years,
renewable up to a total of five years, to perform some limited service in their
area of expertise; the grade of the appointment is dependent upon the qualifications
of the individual. They neither teach at another institution nor do they normally
have a career outside of their Barnard position. Appointment to these off-ladder
ranks does not constitute service in a tenure-eligible position.
Professors
of Professional Practice, Associate Professors of Professional Practice, and
Assistant Professors of Professional Practice are officers of instruction
who possess substantial professional experience and expertise to meet the specialized
instructional needs in the creative and performing arts, e.g. architecture,
dance, music, theatre, visual arts and writing. Appointments to these ranks
are made only when there are compelling departmental interests; where possible,
departments should appoint and promote within the ladder ranks. Service in this
series does not preclude subsequent appointment to a ladder rank. Service in
a tenure-eligible position will preclude transfer of an appointment into this
series in all but the most compelling of cases.1
While
advanced degrees are preferred, they are not required for appointment and promotion
within these ranks. The primary criteria for appointment, re-appointment and
promotion are a demonstrated record of imaginative and creative work in one
of the creative and performing arts, promise of continuing contributions to
the area of professional practice, and expertise in the teaching of the specific
skills and technique associated with the area of professional practice. Prior
to initiation of each search in the Professional Practice series, the department
shall propose to the Provost and Dean of the Faculty a discipline-specific set
of criteria to guide its and the College's evaluation of the appointee. After
ascertaining that the proposed criteria are comparably rigorous to those of
other departments and disciplines and are generally parallel, but not necessarily
equivalent, to those used for review of ladder faculty, the Provost and Dean
of the Faculty shall recommend to the Advisory Committee on Appointments, Tenure
and Promotion that the criteria be adopted for use in subsequent promotion(s)
and major reviews. Candidates for appointment shall be informed of these discipline-specific
criteria before their initial appointment begins.Initial appointment to the
ranks of Professor, Associate Professor, and Assistant Professor of Professional
Practice may be on a part-time or full-time basis, not to exceed one year. Following
the initial year of full-time appointment, full-time Professors, Associate Professors,
and Assistant Professors of Professional Practice are eligible for re-appointment
of terms of one or more years up to a maximum of five years at which time a
major review shall take place in accordance with provisions of Section III.C.
Decisions regarding the term of re-appointment up to a maximum of five years
are at the discretion of the College and are based on the appointee's prior
performance and departmental need. For an Assistant or Associate Professor of
Professional Practice, an initial positive major review may result in either
a promotion to the next higher rank or a continuing appointment in terms totaling
no more than five additional years. Those Assistant or Associate Professors
failing to be promoted or approved for re-appointment following the major review
shall be offered a final one-year appointment at the appropriate rank as provided
in Section III.C. Following the first major review as a Professor of Professional
Practice, subsequent major reviews shall take place at five year intervals.
Those Professors failing to be approved for re-appointment shall be offered
a final one-year appointment at the rank of Professor as provided in Section III.C.
Associate
is an officer of instruction possessing special competence in a given
field who does not hold the Ph.D. degree or its academic equivalent. Initial
appointment to the rank of Associate may be on a part-time or full-time basis,
not to exceed one year. A full-time Associate is eligible for annual re-appointments
up to a maximum of eight years and may be considered for promotion to Senior
Associate in accordance with provisions of Section III.C.
Senior
Associate is a full-time rank to which persons holding the Associate
rank may be promoted after a minimum of six years' service as Associates. Prior
years of other relevant professional service may, at the discretion of the College,
be equated to time served as an Associate at Barnard for the purpose of being
considered for appointment or promotion to Senior Associate. This rank is reserved
for those whose teaching competence is clearly superior.After being promoted
to Senior Associate or after serving an initial one-year appointment in this
rank, a Senior Associate becomes eligible for a multi-year appointment of up
to five years, the length of term being dependent upon the demonstrated quality
of the appointee's performance and the need of the department and College in
the appointee's area of instruction and expertise.Decisions on re-appointments
to further single- or multi-year terms will be made after a three-step review
commencing in the spring term of the fourth year of cumulative service as Senior
Associate. First, the department considers whether there is continuing need
for the position, and if so, petitions the Faculty Planning Committee to affirm
the line allocation. Once the department has been given assurance on the line
allocation, the department will begin an extended review of the Senior Associate's
performance with particular reference to the quality of teaching, including
evidence of continued professional growth as a teacher, and service to the College,
the University and the profession. This review is to be complete by the end
of the fall term of the fifth year of cumulative service.If the departmental
evaluation is positive, a recommendation for re-appointment for a term or terms
of up to five years may be made to the Advisory Committee on Appointments, Tenure
and Promotion; the Committee's recommendation is subject to the approval of
the President.An equivalent extended review will take place beginning in every
fourth year of cumulative service thereafter. If there is a negative decision
in the fourth year, the fifth year will be a terminal appointment. If there
is a negative decision in the fifth year, appointment to a sixth and final year
will be offered.
Lecturer
is an officer of instruction possessing the Ph.D. degree or having equivalent
special preparation. Initial appointment to the rank of Lecturer may be on a
part-time or full-time basis, not to exceed one year. A full-time Lecturer is
eligible for annual re-appointments up to a maximum of eight years and may be
considered for promotion to Senior Lecturer in accordance with provisions of
Section III.C.
Senior
Lecturer is a full-time rank to which persons holding the Lecturer rank
may be promoted after a minimum of six years' service as Lecturers. Prior years
of other relevant professional service may, at the discretion of the College,
be equated to time served as a Lecturer at Barnard for the purpose of being
considered for appointment or promotion to Senior Lecturer. This rank is reserved
for those whose teaching competence is clearly superior.After being promoted
to Senior Lecturer or after serving an initial one-year appointment to this
rank, a Senior Lecturer becomes eligible for a multi-year appointment of up
to five years, the length of term being dependent upon the demonstrated qualify
of the appointee's performance and the need of the department and College in
the appointee's area of instruction and expertise.Decisions on re-appointments
to further single- or multi-year terms will be made after a three-step review
commencing in the spring term of the fourth year of cumulative service as Senior
Lecturer. First, the department considers whether there is continuing need for
the position, and if so, petitions the Faculty Planning Committee to affirm
the line allocation. Once the department has been given assurance on the line
allocation, the department will begin an extended review of the Senior Lecturer's
performance with particular reference to the quality of teaching, including
evidence of continued professional growth as a teacher, and service to the College,
the University and the profession. This review is to be complete by the end
of the fall term of the fifth year of cumulative service.If the departmental
evaluation is positive, a recommendation for re-appointment for a term or terms
of up to five years may be made to the Advisory Committee on Appointments, Tenure
and Promotion; the Committee's recommendation is subject to the approval of
the President. An equivalent extended review will take place beginning in every
fourth year of cumulative service thereafter. If there is a negative decision
in the fourth year, the fifth year will be a terminal appointment. If there
is a negative decision in the fifth year, appointment to a sixth and final year
will be offered.
Senior
Scholar is a retired Barnard College officer of instruction who, because
of special competence, is appointed on a part-time basis to give instruction
for a stated term of one year or less.
Research
Professor is
a tenured professor who has retired and has been awarded the rank of Professor
Emeritus/Emerita, and who wishes to have conferred an additional title signaling
sustained scholarly work and professional activity which benefits both the individual
and the College. Eligible faculty may request and be granted use of this title
for an initial period of up to three years. They may request that the appointment
to the title be renewed for successive periods not to exceed two years each.
Research
Scientist and Research Scholar are persons appointed upon recommendation
of an academic department and the President's Advisory Committee on Appointments,
Tenure and Promotion for a term of one year or less, to a non-salaried position
which carries neither teaching responsibilities nor other privileges associated
with faculty appointment and which provides the person
with institutional identity for the purpose of conducting scholarly research.
After an initial year's appointment, the sponsoring department may request renewal
for terms of up to three years based on the department's continuing need for
and benefit from further association of the Research Scientist or Research Scholar.
Teaching
Assistant is an officer of instruction who is appointed during the academic
year for limited periods of service to assist in courses given by an officer
of instruction of higher rank.
1
- The provision concerning transfer from a tenure-eligible appointment to the
Professor of Professional Practice series will be waived at the time these Code
changes go into effect to permit the appropriate re-assignment of those lines
held by current faculty who lacked the opportunity to be appointed to this series
initially.
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III.
TENURE AND TIME LIMITS
A.
Provisions and Definitions
Officers of instruction
are granted term appointments (i.e., for a specified length of time), during
the currency of which they cannot be dismissed without cause; or appointments
with tenure (i.e., without stated term), in which case they cannot be dismissed
without cause except as provided in Section VII.
No officer of instruction
shall be appointed and reappointed for full-time service or part-time equivalent
for a period longer than eight consecutive years unless granted tenure, except
for (1) Associates, Senior Associates, Lecturers, or Senior Lecturers (see Section
III.C.); (2) officers reappointed for a ninth and final year (pursuant
to Section III.B.3); or (3) as a result of (i) research leaves, (ii) leaves
of absence for reasons of pregnancy, childbirth or infant care, and (iii) circumstances
of serious illness, disability or personal catastrophe, as set forth in the
following paragraphs.
The eight-consecutive-year
rule may be waived for one year if an officer of instruction takes a leave for
research purposes, whether the research leave is for one-half year or more and
whether the research leave is funded or unfunded, upon approval of the President
of a request for such a waiver. In no case may research leave result in waiver
of the eight-consecutive-year rule for more than one year.
The eight-consecutive-year
rule may be waived for officers of instruction who elect to take leaves of absence
for pregnancy or infant care, and may also be waived for officers who give birth
whether or not they take leave, with the following proviso: one year will be
waived for each occurrence of pregnancy and infant care leave or of childbirth,
up to two, unless specifically rejected by the officer, regardless of the length
of any leave taken.
The eight-consecutive-year
rule may be waived for officers of instruction who are preparing for a tenure
review and who request a part-time career appointment for parents. To be eligible,
officers must be the primary care givers of a child under the age of nine; officers
will perform half their normal responsibilities and will be paid half their
normal salary but remain eligible for all non-salary based fringe benefits.
When the child is under one, a full year is waived; when a child is between
one and nine, each year on a part-time career appointment is treated as a half-year
of counted service in determining limits on non-tenured service.
The eight-consecutive-year
rule may be waived on recommendation of the President's Advisory Committee on
Appointments, Tenure and Promotion and approval of the President, for officers
of instruction who experience serious illness, disability or personal/family
catastrophe. The waiver does not require that a leave is taken.
No more than three
years will be waived, regardless of the reasons, whether for research, for maternity/child
care, or for serious illness, disability or personal catastrophe. Those on part-time
career appointments may waive no more than two years for research or for serious
illness, disability or personal catastrophe, in addition to semesters or years
waived under the part-time career appointment provisions for care of children
under the age of nine.
A break of a year
or less in the continuing service of an officer of instruction resulting from
resignation and subsequent reappointment will be treated as a leave without
salary for the purposes of calculating years of service prior to a tenure decision
(see Section IV.). In the case of longer breaks in the continuing service of
a non-tenured officer of instruction the College may choose, at its discretion,
either of two options in the event of reappointment: (1) to begin a new
eight-year pre-tenure period, in which case earlier employment would not be
calculated as years of service toward a tenure decision; or (2) to consider
earlier service as part of the pre-tenure service.
All full-time officers
of instruction without tenure, with the exception of Professors, Associate Professors,
Senior Associates, and Senior Lecturers, are appointed to initial terms of one
year or less. Subsequent re-appointments may be made for terms of one or more
years at the discretion of the College based on the appointee's prior performance
and programmatic need. The service of an officer of instruction may be terminated
at the end of the contract period subject only to the procedures governing termination
of appointment even though such appointment will not complete eight years of
service (see Section V.D.). Renewal of any one-year contract term or other
term appointment at the expiration of the initial appointment period, or a series
of renewals of one-year terms or other term appointments over a period of years,
shall not entitle the officer of instruction to any tenure whatsoever within
the College or University and shall not constitute a promise of continued employment,
with or without tenure, beyond the contract term.
B.
Ladder Ranks
1. An Assistant
Professor may be recommended for promotion to a higher rank, with or without
tenure, at any time up to and including his or her seventh year of service in
rank.
2. A recommendation
for tenure and promotion may, however, be deferred until the eighth year in
the Assistant Professor rank if the department requesting deferral states in
writing that it expects to recommend the candidate for tenure and can demonstrate
(a) specific academic reason for the request to defer (e.g., forthcoming scholarly
accomplishment or publication), and (b) substantial evidence of the candidate's
excellence. Alternatively, the President's Advisory Committee on Appointments,
Promotion and Tenure may also recommend a one-year deferral of consideration
for promotion to tenure if the conditions of academic reason and candidate excellence
set forth above are met. Should tenure not be granted in the eighth year, the
officer of instruction shall be reappointed to a ninth and final year which
shall not entitle the officer to any tenure whatsoever within the College or
University.
3. An officer of
instruction who is appointed at Barnard College without tenure at the rank of
Associate Professor or Professor is appointed for terms of one or more years
up to a total of five years, and may be recommended for tenure to a University
ad hoc committee at any time up to but not later than the expiration of
his or her fifth year of service.
4. The process
by which a promotion or appointment to a ladder rank, with or without tenure,
takes place normally begins with a recommendation from the department. Recommendations
for promotion without tenure or for early tenure consideration will be considered
by the Advisory Committee on Appointments, Tenure, and Promotion only if the
departmental recommendation is affirmative. Considerations of promotion with
tenure in the seventh or eighth year (in the case of a deferred decision) will
be undertaken by the Advisory Committee only in cases where the departmental
recommendation is affirmative. Where the departmental recommendation is negative,
the candidate may appeal to the Advisory Committee on Appointments, Tenure,
and Promotion to be considered for tenure review. There must be clear and pressing
College interests for the Advisory Committee on Appointments, Tenure and Promotion
to agree to a tenure review over a negative recommendation by the department.
The Advisory Committee may recommend for or against promotion and/or tenure.
a. If the Advisory
Committee recommends for promotion only (see Section III.B.2), the President
may offer the officer of instruction an appointment as Associate Professor without
tenure subject to the eight-year limit. Candidates offered an additional term
subject to the eight-year limit will be considered as cases deferred and will
be taken up again if the department so recommends within the stipulated time
limit.
b. If the Advisory
Committee recommends for promotion to or appointment to tenure, the President
may request that a University ad hoc committee be convened to evaluate
the officer of instruction.
c. If the University
ad hoc committee so recommends and the President and Board of Trustees
approve, the officer of instruction shall be appointed with tenure, subject
to the terms of any current written agreement with the University.
d. If tenure is
not granted, the officer of instruction may serve no more than eight years,
except as provided in Section III.B.2 or III.A.
5. No service beyond
the eight-year limit, whether consecutive or discontinuous, shall constitute
a basis for a claim to de facto tenure or permanence within the College
or the University.
6. Special Part-Time
Appointments. A limited number of part-time appointments in any of the four
ladder ranks may be made under the following conditions:
a. Except for the
reduced amount of teaching and of compensation, which is to be pro-rated, part-time
officers of instruction in ladder ranks shall enjoy the same status as the full-time
faculty of equivalent rank.
>b. Part-time Assistant
Professors shall be considered for promotion and tenure according to the same
criteria as full-time Assistant Professors and after the equivalent pro-rated
amount of teaching service. Early consideration for tenure is not excluded.
c. Part-time officers
of instruction shall be entitled to sabbatical leaves according to the same
provisions as full-time officers of instruction after six-years of part-time
teaching service, but with compensation pro-rated according to the proportion
of full-time service rendered during the six-year period.
d. Each request
for a part-time appointment shall be evaluated in light of the candidate's own
situation and of the department's. Any proposal to shift on a regular basis
from full-time to part-time or from part-time to full-time status shall be examined
in the same light. In the latter case, the continuance of tenure shall be granted
only by special action of the Board of Trustees if the officer had not previously
held tenure in a full-time appointment. No person holding a full-time tenured
appointment shall be required to accept less than full-time employment unless
he or she so desires.
C.
Off-Ladder Ranks
No amount of service
accumulated in these ranks shall entitle an officer of instruction to a claim
for promotion, de facto tenure, or permanence in the College or the University,
nor shall such service make the officer of instruction eligible for a tenure
consideration.
1. Full-time Associates
and Lecturers will be reviewed for promotion by their departments no later than
the seventh year of full-time service in that rank. If this review is favorable,
the Advisory Committee on Appointments, Tenure and Promotion shall conduct a
further review and if the Advisory Committee so recommends and the President
approves, the Associate or Lecturer shall be promoted to senior status and offered
a multi-year appointment as specified in Section II.B. An Associate or Lecturer
not favorably recommended by the Advisory Committee and approved by the President
shall be offered a final one-year appointment at the appropriate rank.
2. Provisions regarding
the re-appointment of and the extended review of Senior Associates and Senior
Lecturers are specified in Section II.B.2.
3. A Senior Associate
or Senior Lecturer who is not recommended for an additional contract shall be
offered one terminal year of service following expiration of his or her contract.
4. No later than
the fifth year of cumulative service on annual or multi-year contracts, officers
of instruction in the Professional Practice series shall undergo a major review
as set forth in Section II.B.2. The department and the Advisory Committee on
Appointments, Tenure and Promotion shall conduct the major review for promotion
or re-appointment so that its structure and rigor are comparable to the elements
established by the Advisory Committee for consideration of the promotion of
tenured Associate Professors to the rank of Professor. The review shall consider
evidence of continuing imaginative and original practice of the profession,
teaching performance, standing in the profession, and service to the College
and University. Officers of instruction in the Professor of Professional Practice
series shall be deemed to have passed a promotion or major review only if the
President concludes that they rank among the most distinguished figures in their
profession for their level of achievement and are performing
a vital role in their departments and the College. Those who are not recommended
for promotion to a higher rank or for continued service following a major review
will be offered a final one-year appointment.
5.
Part-time officers of instruction serving in the Visiting and Adjunct ranks,
and as Lecturers and Associates, may be reappointed and/or promoted within these
rank categories (e.g., an Adjunct Associate Professor may be promoted to Adjunct
Professor).
6.
Officers of instruction serving in the Visiting ranks are normally retained
for one year or less, but in no case for more than three consecutive years.
7.
If a person who has served in any off-ladder rank later desires to be considered
as a candidate for appointment to a ladder rank, previous service in the off-ladder
rank will not be counted in determining time-limits for the ladder rank.
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IV.
LEAVES OF ABSENCE
All on-ladder faculty and those full-time off-ladder faculty on multi-year
appointments are eligible for leaves of absence. All leaves of absence must be
approved by the department chairman, and the Provost and Dean of the Faculty.
Officers of instruction are normally expected to render full-time service or
part-time equivalent service for at least two academic years between all except
short-term leaves of absence. Leaves of absence do not constitute a break in
continuous service.
A.
Sabbatical Leaves
Professors and Associate Professors are entitled to sabbatical leaves of one
year at half-salary or a half-year at full salary to provide them with
uninterrupted opportunities for research. Sabbaticals are due to tenured
Professors or Associate Professors after they have completed twelve semesters of
service in the ladder professorial ranks. When an Assistant Professor with at
least six years of counted service is promoted to tenure, the first sabbatical
is due in the year following the first year of tenure. Sabbatical leaves are
granted only if the officer of instruction plans to return to the College for at
least one academic year of full-time service or equivalent part-time service
after the leave. Sabbatical leaves may not be postponed for more than three
years after the original semester of eligibility without loss of credit toward
the next sabbatical, unless the deferral is approved by the Provost and Dean of
the Faculty as in the interests of the College. Faculty returning from
sabbatical leave shall submit to the Provost and Dean of the Faculty a brief
summary of their activities with regard to their research while on leave either
by October 1st (for spring term leaves) or March 1st (for fall term leaves).
B.
Special Assistant Professor Leave
During
each academic year, Barnard College supports one or more Special Assistant Professor
Leaves to enable one or more Assistant Professors who have been assigned to
a tenure line or who are eligible for assignment to a tenure line, and who have
successfully passed a third-year review to engage in research for one semester
at full salary. Applications for such leaves are submitted to the Advisory Committee
on Appointments, Tenure, and Promotion. Such leave time may be excluded from
the maximum number of years of service allowed before tenure consideration,
in accordance with the provisions of Section III.A. Special Assistant Professor
Leaves are granted only if the officer of instruction plans to return to the
College for at lease one academic year of full-time service or equivalent part-time
service after the leave.
C.
Leaves without Salary
Upon written request, and with the approval of the department chairman and the
Provost and Dean of the Faculty, full-time on-ladder faculty, and those
full-time off-ladder faculty on multi-year appointments may be granted a leave
of absence without salary for a period of up to and including one academic year.
Approved leaves without salary do not constitute semesters of service for the
purpose of computing eligibility for future Barnard-paid leaves, e.g.
sabbaticals and Special Assistant Professor Leaves, unless the leaves without
salary are taken to extend a one semester paid leave into a full year at half
pay. Officers of instruction holding other ranks and wishing to take such leave
who are not granted permission to do so must resign if they wish to take leave
of their professional duties. An officer of instruction granted a leave without
salary may request that the first such leave not count as part of the maximum
number of years of service allowed for term appointments. Subsequent leaves of
absence shall normally count as part of the maximum years allowed for term
appointments (see Section III.A.).
D.
Pregnancy, Childbirth and Infant Care Leaves
Eligible
officers of instruction may take leaves in accordance with the Barnard College
"Policy on Leaves of Absence for Reasons of Pregnancy, Childbirth and Infant
Care for Officers of Instruction," as it may be amended from time to time.
Such leave time may be excluded from the maximum number of years of service
allowed before tenure consideration, in accordance with the provisions of Section
III.A.
E.
Short-term Leaves
Leaves
of absence of a month or less during an academic term for pressing personal
or professional needs may be granted to any officer of instruction upon approval
of the department chairman and the Provost and Dean of the Faculty. Short-term
leaves for professional purposes cannot be granted unless adequate provision
is made for covering the officer's instructional responsibilities.
F.
Military Leaves
Any
officer of instruction, except an officer of instruction holding a temporary
position, who is inducted into the Armed Forces of the United States, will be
granted military leave of absence if such leave is required by law.
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V.
APPOINTMENT, REAPPOINTMENT, NON-RENEWAL, RESIGNATION AND RETIREMENT
A.
Responsibilities for Staffing
Recommendations
for appointment, reappointment, promotion, and tenure of all officers of instruction
normally originate within the department or program. Staffing must be discussed
at meetings of tenured members, non-tenured Associate Professors, Senior Associates,
Assistant Professors, and Senior Lecturers of departments. Recommendations on
appointments, reappointments, promotions, and tenure must be made by a majority
vote of the department's Professors and Associate Professors holding rank higher
than that of the person being considered, except that Assistant Professors,
Senior Associates, and Senior Lecturers may (where department by-laws so state)
vote on non-tenure appointments to equal or lower rank. An unresolved tie vote
shall be referred to the Advisory Committee on Appointments, Tenure, and Promotion
for decision. Recommendations about temporary appointments for one year or less
which have to be made when the College is not in session are made by the department
chairman in consultation with the Provost and Dean of the Faculty. All aspects
of staffing decisions must conform to any current written agreement with the
University.
Department
chairmen must notify in writing and by formal interview Assistant Professors,
Instructors, and full-time Associates and Lecturers appointed to these ranks
on July 1, 1975, and thereafter no later than three years from their initial
appointment and annually thereafter about the department's assessment of performance
and intention with respect to future recommendations for renewal, promotion,
and tenure. In departments with fewer than two tenured members, the responsibility
for such notification lies with the Advisory Committee on Appointments, Tenure,
and Promotion in conjunction with the Provost and Dean of the Faculty and any
tenured member of the department or program.
B.
Appointments
Appointments,
other than temporary and part-time appointments and other than appointments
to the ranks of Research Scientist, and Research Scholar, are made only after
public announcement of vacancies and the screening of applicants in accordance
with the equal employment opportunities policies and Affirmative Action program
of the College and after appropriate consultation with the University according
to the terms of any current written agreement between the College and the University.
No appointments may be recommended, nor may searches be undertaken, without
prior approval of the Provost and Dean of the Faculty. Equal opportunity and
Affirmative Action principles apply to the employment of part-time officers
of instruction (except for temporary replacements). Appointments are made on
the recommendation of the President and require the approval of the Board of
Trustees, and must conform to any current written agreement with the University.
The written acceptance of an appointment creates a contract binding both parties
for the period specified. The terms of the contract may not be altered except
by mutual consent.
C.
Notice of Renewal
Reappointments
proposed by each department are submitted, as part of the annual budget proposal
of the department, to the Provost and Dean of the Faculty for recommendation
to the President; the President may make a recommendation to the Board of Trustees
for its action at the regular Board meeting in April. Letters of appointment
giving the appointee's salary for the next academic year and any other pertinent
information, such as approved leave, will normally be mailed from the Office
of the President after that meeting. Acceptance of the conditions of employment
by all faculty and staff members is made by returning a signed copy of the appointment
letter to the President.
D.
Notice of Non-Renewal
Written
notice to a full-time officer of instruction or part-time officer of instruction
who holds a term appointment, informing him or her that his or her appointment
is not to be renewed, will be given in advance of expiration of his or her appointment
as follows: not later than March 1 of the first academic year; not later than
December 15 of the second academic year of full-time service if the appointment
expires at the end of that academic year; at least twelve months before the
expiration of an appointment after two or more years of full-time service at
the College. If an appointment is not to be renewed for the following academic
year, a part-time officer of instruction not holding professorial rank will
be so notified within ten days of the Trustees' approval of the College budget.
E.
Resignations
A
full-time officer of instruction who intends to resign at the end of an academic
year is expected to give notice in writing no later than April 1. Deviation
from this procedure requires mutual consent of the officer and the College.
Should the relationship between the College and the officer of instruction terminate
prior to the end of a contract period, or should the offer of reappointment
not be accepted, salary payments will be adjusted as follows: any resignation
after June 30 and before the beginning of classes in the autumn will be considered
to be effective as of July 1 of that year, and any salary payments which have
been made after July 1 must be returned to the College; any resignation during
the academic year will entail adjustment of salary payments according to the
period of class-time teaching involved.
F.
Retirement
Pursuant
to the Federal Age Discrimination in Employment Act, as amended, there is no
mandatory retirement age in the College for non-tenured faculty. The mandatory
retirement age in the College is 70 for those tenured faculty who reach their
70th birthday on or before December 31, 1993. Effective January 1, 1994, there
is no mandatory retirement age for tenured faculty. It is customary for an officer
of instruction to complete the academic year in which his or her mandatory retirement
birthday occurs. In exceptional cases, retired officers of instruction may be
appointed to the rank of Special Lecturer (see Section II.B.2). No retired officer
of instruction may continue as head of a department or subsequently be appointed
to such a position. The honorary title of Professor Emeritus may be conferred
upon a senior officer of instruction at the time of retirement in recognition
of length of service and eminence in the discipline, in accordance with the
provisions of any current agreement between the College and the University.
Appointment as Professor Emeritus is made by the Board of Trustees of the College.
G.
Disability
Full-time
officers of instruction and part-time professorial officers of instruction are
covered for long-term disability through the Teachers Insurance and Annuity
Association. For those employed after July 1, 1975, there is a one-year waiting
period before becoming eligible, unless the employee has been covered by this
insurance plan at another institution. The total disability of an officer of
instruction is his or her inability by reason of sickness, pregnancy, or bodily
injury to perform his or her academic duties.
1.
Benefits begin under the TIAA Plan in the first month following six consecutive
months of total disability until the age of sixty-five.
2.
The College shall pay the salary and benefits of any eligible full-time officer
of instruction through the first six months of total disability.
3.
The College shall pay the salary and benefits of any eligible part-time professorial
officer of instruction through the first six months of total disability.
4.
The salary of other part-time officers of instruction who become totally disabled
shall be continued for six months or until the expiration of the term appointment,
whichever is the shorter period.
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VI.
COMMITTEE ON GRIEVANCE
The Committee on Grievance is a faculty
Committee created to provide faculty members with an
internal process in which colleagues can hear and attempt to
resolve matters pertaining to an individual faculty member's
employment. The Committee's membership, jurisdiction, and
procedures are discussed in this policy. Procedural issues
may be further elaborated by the Committee through the
adoption of operating procedures consistent with this
policy.
A. Membership
1. The Committee on Faculty Governance and
Procedures (FGP) will, upon the filing of a grievance,
appoint five of its eight members who are elected by the
Barnard faculty to a Committee on Grievance to hear charges
brought by a member of the faculty.
2. At the beginning of each case, the
question of whether a conflict of interest exists for a
member of the Committee on Grievance shall be decided, and
an alternate member of the FGP shall be appointed, the
member(s) in question abstaining.
3. A member
of the Committee on Grievance has a conflict of interest if:
a. The member is a member of the
department or program of the petitioner;
b. The member has herself or
himself previously voted in any capacity in the case being
brought to the Committee; or
c. The member is a current
or former family member of the petitioner.
4. The members of the Committee on
Grievance shall elect a Chair.
B. Jurisdiction,
Content of Petitions, and Mandate
1. The Committee on
Grievance shall review petitions of grievance presented by a
faculty member pertaining to the individual's employment.
Matters that do not pertain to the individual's employment
may be referred to other boards or offices at the College.
2. While a petition
may describe a violation of state or federal law as well as
a violation of College policy, the Committee on Grievance
does not make determinations with respect to violations of
laws including those of the State of New York or the federal
government. The Committee limits its consideration to
whether or not the described violation is a violation of
College policy.
3. Petitions of
grievance must be in writing and shall include the basis for
the grievance in terms of:
a. the claimed
violation of College policy or procedures
b. irregularities
in the application of procedures, policies, or
administrative decisions; or
c. the application of inappropriate considerations or
criteria in the execution of procedures or policies of the College.
4. Petitions of
grievance shall also include:
a. the nature of the grievance
specifically stating the decision or action giving rise to
the petition;
b. a chronology of
events leading to the decision if applicable; and
c. the names of
other persons involved in making the decision if possible.
5. The Committee on
Grievance may require reconsideration of the application of
procedures or of a decision by the person or body involved
in the petition of grievance.
6. The Committee on
Grievance shall limit its decision to matters of procedure
and shall not make judgments on the substantive merits of
the case.
C. Procedures
1. Filing a
Petition - If any faculty member thinks that he or she
has cause for grievance in any matter over which the
Committee on Grievance has jurisdiction, that faculty member
may present a petition to the Committee on Grievance for
consideration. The petition shall be in writing and shall
set forth in detail the nature of the grievance as described
above. Petitions shall be filed within thirty (30) days of
the petitioner's being notified of the decision or action
giving rise to the petition. The Committee may extend this
period of time for an additional thirty (30) days at its
discretion.
2. Pre-Hearing
The Committee shall have the right to decide whether or
not the allegations are sufficient to merit consideration by
the Committee. Submission of a petition does not
automatically result in consideration of the petition by the
Committee.
The Committee shall determine whether the
petition is within its jurisdiction based on the
jurisdictional statement in this policy. If it is not, the
petitioner may seek the Committee's help in deciding where
the petition may be brought. If the Committee has
jurisdiction and the petition has sufficient merit to be
considered, the Committee shall initiate a review as soon as
practicable and with all reasonable speed. If subsequent
consideration by a College body is contingent upon the
outcome of the review, the Committee shall notify the
Provost and Dean of the Faculty that the petition is being
considered and she or he will suspend all subsequent
considerations until the conclusion of the review.
The Committee will meet within fifteen (15)
academic days to review the grievance and to determine
whether it is appropriate for consideration under this
grievance procedure. In the event that a more appropriate
committee is available to hear the grievance, it shall be
referred to that committee.
If the panel determines that the grievance should be
heard, it will schedule a hearing within fifteen (15)
academic days of that determination. Notice to all parties
shall be sent prior to any scheduled hearing. That notice
shall include a description of the charges and shall also
include a copy of this Grievance Procedure.
3. Hearing - The Committee
shall, upon written request, have access to all documents
which it deems pertinent to the case (subject to any legal
privilege or confidentiality) and may invite individuals or
groups to appear before it. The Committee shall be
empowered to indicate to each department, program,
committee, and administrative body or office a reasonable
date by which information must be received. If requested
information is not forthcoming in the time allotted and if
the Committee finds no compelling reason for the delay, the
Committee shall proceed using its best judgment.
The party bringing the charge and the accused shall be
allowed to present witnesses and other relevant evidence
(such relevancy to be determined by the Committee) to the
committee. The Committee may also seek out testimony and
evidence. Committee members will question witnesses,
although the parties will be allowed to submit questions to
the panel for consideration. The questioning may be done
with both parties present or with each party individually,
at the discretion of the Committee.
The Committee shall not be bound by strict rules of
legal evidence and may seek and admit evidence it deems
relevant.
An advisor who is a member of the Barnard College faculty
may accompany parties to a grievance. The advisor may not
participate directly in the proceedings.
Any party to the grievance may submit a written statement to
the panel at any time prior to the rendering of a final
decision.
4. Committee
Report - The panel shall render its report within
fifteen (15) academic days of the completion of hearings.
The written decision of the Committee is provided to the
petitioner, to the body or person whose action or decision
gave rise to the petition and to the Provost and Dean of the
Faculty and generally includes at least the following:
a. whether or not a
violation of College policy occurred;
b. whether or not a
procedural irregularity occurred in the application of a
procedure, policy or administrative decision;
c. whether or not an inappropriate
consideration or criterion was applied in or affected an
administrative decision or action regarding the petitioner's
employment, and
d. whether a
procedural irregularity, an inappropriate consideration, or
a violation of policy requires that the decision be
reconsidered by the original decision maker or body.
e. If the Committee
recommends reconsideration, it may, at its discretion,
provide a statement to the petitioner, the body or person
involved in the reconsideration, and the Provost and Dean of
the Faculty explaining any issues it determines the
reconsideration body should consider.
Presidential Decision - The Committee's report and recommendation shall be
submitted to the President of the College, with copies to
all parties. The report and recommendation of a majority
shall be the report and recommendation of the Committee, but
any member may submit a minority report and recommendation
to the President. In the event that a majority cannot agree
on a single report and recommendation, each member shall
submit an individual report and recommendation.
5. Presidential Decision - The Committee's report and recommendation shall be submitted to the
President of the College, with copies to all parties. The report and
recommendation of a majority shall be the report and recommendation of the
Committee, but any member may submit a minority report and recommendation to the
President. In the event that a majority cannot agree on a single report and
recommendation, each member shall submit an individual report and
recommendation.
a. Should the President disagree
with the Committee's findings or recommendation(s), the
President shall meet with the Committee to discuss such
differences, and may request reconsideration by the
Committee before a final decision.
b. The President shall report in
writing the recommendation(s) of the Committee and the
President's decision(s) or action(s) as a result of the
recommendation(s) within fifteen (15) academic days after
the President receives the report and recommendation(s) of
the Committee. The President's decision shall be reported
to the Chair of the Committee, the grievant, and each party
against whom the grievance is lodged, as well as to the
Committee on Faculty Governance and Procedures.
c. Disposition of a grievance
informally or by the President's formal determination shall
not constitute a precedent for other related grievances
unless specifically agreed to in writing by the President.
6. Appeal - The President's decision is final, except
that in the event that the grievance is against the
President based on conduct of the President, and the
President disagrees with the findings or recommendation(s)
of the Hearing Committee, the following procedures shall
apply:
(i) The President shall submit the case to the Chairman
of the Board of Trustees within five (5) academic days after
the date of the President's decision.
(ii) The Board of Trustees shall have available to it for
review the full record of the hearing and may, in its
discretion, either on its own initiative or at the request
of any party, provide opportunity to the parties for oral or
written argument, or both.
(iii) The Board of Trustees shall render a written decision. The
decision shall be reported to the President, the Committee
on Faculty Governance and Procedures, and the grievant
within sixty (60) days after the date when the case is
referred to the Chairman.
(iv) The Board of Trustees may act on any or all of
the foregoing matters through a committee of Trustees.
(v) The decision of the Board of
Trustees shall be final.
(vi) Disposition of a grievance
against the President based on conduct of the President by
decision of the Board of Trustees shall not constitute a
precedent unless the decision so states
D. Special
Additional Procedures in Grievances Concerning Dismissal for
Cause
Dismissal is for cause when the faculty
member's unfitness is demonstrated by habitual and
intentional neglect of duty, incompetence, or serious
misconduct in the performance of, or incompatible with, the
officer's duties. Dismissals for reasons of financial
exigency or of the discontinuance of a department, program,
or other instructional unit are not dismissals under this
provision.
In matters involving the dismissal for cause, all of the
provisions of the Committee on Grievance cited above shall
apply, except as set forth below.
1. Pre-Hearing - Grievance
Petitions that have been filed that relate to a Dismissal
for Cause shall first go to the Committee on Faculty
Governance and Procedures (FGP).tc \l1 "D. Rules of
Procedure in Dismissal Proceedings The FGP is
encouraged to mediate the matter giving rise to the request
for hearing. If the matter is not resolved by mediation
within fifteen (15) academic days after receipt by the FGP,
the matter will be referred to the Committee on Grievance.
The Committee may hold pre-hearing meetings with all parties
in attendance to (i) define the issues, (ii) stipulate
facts, (iii) provide for an exchange of documents or other
information, and (iv) achieve other appropriate pre-hearing
objectives.
2. Hearing - The burden of
proof to support a dismissal shall rest with the College and
shall be satisfied only by clear and convincing evidence.
The parties shall have the right to submit
questions to the Committee, and to be present while those
questions are asked, unless the Committee determines that
there is a compelling reason to question witnesses
individually.
3. Appeal
The faculty member has the right, within fifteen (15)
academic days of the Presidential Decision, to appeal any
adverse decision to the Board of Trustees. The President
shall then submit the case to the Chairman of the Board of
Trustees within five (5) academic days of the request for an
appeal.
a. The Board of Trustees shall
have available to it for review the full record of the
hearing and may, in its discretion, either on its own
initiative or at the request of any party, provide
opportunity to the parties for oral or written argument, or
both.
b. The Board of Trustees
shall render a written decision. The decision shall be
reported to the President, the Committee on Faculty
Governance and Procedures, and the grievant within sixty
days after the date when the case is referred to the Chair.
c. The Board of Trustees may act on any or all of the
foregoing matters through a committee of Trustees.
d. The decision of the Board of
Trustees is final.
E. Other Matters
Related to the Committee and Petitions
1. Should the original petition concern
non-reappointment, and reconsideration results again in
non-reappointment, the original date of notification of
non-reappointment shall stand.
2. If at any time during the
process described by this policy a petitioner enters his or
her seventh year of full-time employment at Barnard College
without an affirmative vote granting tenure, the fact that
the petitioner has entered the seventh year shall not
automatically result in his or her appointment to the
permanent faculty.
3. At any time the Committee on
Grievance may consult with the College's General Counsel for
legal advice. If the Committee or the General Counsel
determines it to be advisable for the Committee to have
independent outside legal advice, the General Counsel will
provide at least two recommendations to the Committee. The
expense of independent outside legal advice shall be borne
by the General Counsel's Office.
4. The Committee
shall report to the faculty on the general nature of
grievances heard each year (number, nature of petition). It
may provide information on the outcome of its deliberations
as appropriate while maintaining the confidentiality of the
process and the identities of those involved.
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RECORD
OF REVISIONS
|
Sections
I. through V. |
Approved
by the Board of Trustees 2/15/78 |
|
Section
VI. |
Approved
by the Board of Trustees 2/21/79 |
|
Section
II.B.2.(Research Associate, Research Scientist, and Research Scholar),
with amendments to Sections II.A. and V.B. |
Approved
by the Board of Trustees 5/28/80 |
|
Sections
III.A. and IV. amendments |
Approved
by the Board of Trustees 2/11/87 |
|
Sections
II.B.2. and III.C.1. amendments |
Expected
Approval by the Board of Trustees 10/21/92, effective as of July 1, 1987
|
|
Amendments
relating to mandatory retirement age |
Pursuant
to the Federal Age Discrimination in
Employment
Act, as amended from time to time |
|
Sections
II.B.1.,2. and III.C.1.-7 amendments |
Approved
by the Board of Trustees 6/19/96 |
|
Section
III.B.4 term of appointment, ladder ranks |
Approved
by the Board of Trustees, 6/18/97 |
|
Sections
II.B.2, IV.A and IV.B. amendments |
Approved
by the Board of Trustees on 4/29/98 |
|
Section
III.A paragraph 6 amendement |
Approved
by the Board of Trustees on 2/12/03 |
|
Section
II B.2 amendments- Research Prof. |
Approved
by the Board of Trustees on6/8/04 |
|
Section
IV. Leaves of Absence
sections A. Sabbatical Leaves and C. Leaves
without Salary |
>Approved
by the Board of Trustees on
2/7/05 |
|
Section I.
Academic Freedom and Section VI. Committee on Grievance |
Approved
by the Board of Trustees on
12/6/06 |
|
