[Revised and posted 11/13/07]
Operating Policy and Procedure
OP 32.20: Annual Renewal of Certain Faculty Employment Contracts
DATE: November 13, 2007
PURPOSE: The purpose of this Operating Policy/Procedure (OP) is to implement §51.943 of the Texas Education Code (as amended or modified), which relates to: (1) annual renewal of employment contracts for full-time, non tenure-acquiring faculty, and (2) written notification of changes in employment for tenured and tenure-acquiring faculty.
REVIEW: This OP will be reviewed in August of odd-numbered years by the Senior Vice Provost for Academic Affairs with recommended revisions presented to the Provost/Senior Vice President for Academic Affairs by September 15.
a. Academic year—begins one week before the first day of the fall semester and concludes the Monday after spring commencement.
b. Contract—an agreement between the Texas Tech University System or one of its components and a full-time faculty member establishing the terms of employment for an academic year.
c. Faculty member—a full-time employee whose primary duties include teaching or research. The term "faculty member" does NOT include:
(1) Classified personnel; or
(2) Faculty members who spend a majority of their time in managerial or supervisory activities such as a chancellor, vice chancellor, president, vice president, provost/senior vice president for academic affairs, vice or assistant provost, dean, or associate or assistant dean.
d. Non tenure-acquiring faculty member—a faculty member who holds one of the following job classifications:
(3) Visiting assistant professor, visiting associate professor, visiting professor
(4) Adjunct assistant professor, adjunct associate professor, adjunct professor
(5) Research scientist/research professor
e. Tenured or tenure-acquiring faculty member—a faculty member who holds one of the following job classifications:
(2) Associate professor
(3) Assistant professor
2. Annual Contract Renewals for Non Tenure-acquiring Faculty Members
a. Except as provided below, the university must offer a non tenure-acquiring faculty member a written contract for an academic year not later than thirty days before the first day of the academic year.
b. If the university is unable to provide a timely offer of employment, it must provide the non tenure-acquiring faculty member written notice:
(1) That it is unable to comply with Texas Education Code §51.943;
(2) Stating the reasons why it is unable to comply (e.g., unidentified need or funding); and
(3) Specifying the time by which it will offer a written contract.
c. If the university retains a non tenure-acquiring faculty member without offering her/him a written contract before the 61st day after the beginning of the academic year, then it must employ her/him under terms and conditions that are at least as favorable as the preceding academic year. The university and the non tenure-acquiring faculty member may subsequently negotiate a different employment agreement.
3. Written Notification of Changes in Employment for Tenured or Tenure-acquiring Faculty Members
a. The university will NOT provide annual contracts to tenured or tenure-acquiring faculty members.
b. The university will provide tenured and tenure-acquiring faculty members with any written notification required by the university's tenure policy.
4. Notice of Non-reappointment and Termination
* Section 04.02.8, Regents' Rules
The university is not required to give a non-tenured faculty member a reason for a decision of non-reappointment. However, full-time faculty members, regardless of rank, must be notified of non-reappointment as follows:
a. Full-time faculty members in their first year with the university whose duties commence with the first semester of the academic year must be notified by the following March 1 if they are not to be reappointed.
b. Full-time faculty members in their first year with the university whose duties commence after November 15 must be notified by the following April 15 if they are not to be reappointed.
c. Full-time faculty members who are in their second year with the university and who are not to be reappointed shall be notified by December 15 of the academic year in which the appointment is to terminate.
d. Full-time faculty members with more that two years with the university will be notified of non-reappointment by issuance of a terminal contract for one academic year.
e. Full-time faculty members who hold a position by appointment for a fixed period shall receive notice of non-reappointment in accordance with the terms of the appointment or in accordance with sections a, b, c, or d above.
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