Details
Series
Date Approved
Date Last Amended
Office(s) Responsible for Rule
Office of Academic Affairs
Office of Health Affairs
Office of General Counsel
1. Title
Nontenured, Tenure-Track, and Term-Tenure Faculty Members: Appointment, Reappointment, and Nonrenewal
2. Rule and Regulation
Sec. 1 Applicability of Rules and Policies.
Nontenure-track, tenure-track and term-tenure faculty members are appointed for a specified term. This Rule addresses the notice requirements institutions must follow to appoint, reappoint, or nonrenew the appointment of nontenure-track, tenure-track and term-tenure faculty members. Nontenure-track and tenure-track faculty may be collectively referred to as “nontenured.”
When a faculty member’s employment may be terminated due to an institution’s decision to eliminate occupied academic positions or abandon academic programs, the procedures in Rule 31003 apply.
Termination for good cause and summary dismissal of a faculty member are addressed in Regents’ Rule 31008 and the corresponding UTS 198.
Sec. 2 Appointment Letter Upon Hire.
When an institution hires a nontenured or term-tenure faculty member, it shall provide an appointment letter, generally referred to as a Memorandum of Appointment, and include the term of appointment in accordance with Section 3 of this Rule. Nontenured and term-tenure faculty members shall have no expectation of continued employment beyond the period of their current appointment as stated in the Memorandum of Appointment.
Sec. 3 Term of Faculty Appointments.
3.1 Nontenure-Track Faculty Appointments.
(a) Appointment Term for Specified Time Period.
Except as specified below faculty appointed to nontenure-track titles may be appointed or reappointed to their positions with or without pay for a period of time not to exceed three academic years.
(1) Visiting Professor, Visiting Associate Professor, and Visiting Assistant Professor. Such appointments are limited to two years and are not renewable.
(2) Adjunct Professor, Adjunct Associate Professor, Adjunct Assistant Professor, and Adjunct Instructor. Appointments to the faculty with an adjunct title shall be for a stated period of time not to exceed one academic year.
(3) Adjoint Professor, Adjoint Associate Professor, and Adjoint Assistant Professor. Appointments will usually be part-time. The term of the appointment shall be specified in the agreement with the partner organization or partner U.T. System institution.
(b) Appointment Term Contingent Upon External Funding.
Appointments to nontenure-track titles may be made contingent upon securing and sustaining external funding such that the appointment term expires upon the termination or loss of that external funding.
(c) Appointment Term Contingent Upon Maintaining Required Credentials, Privileges, or Licenses.
Appointments to nontenure-track faculty positions in which the primary duties involve providing clinical healthcare services may be made contingent upon the faculty member maintaining all credentials, privileges, and licenses required to perform those duties, such that the appointment term expires automatically upon the probation, suspension, termination, or loss of any such required credential, privilege, or license.
3.2 Tenure-Track Faculty Appointments.
Tenure-track faculty may be appointed or reappointed to their positions for a term in accordance with the institution’s policies and procedures.
3.3 Term-Tenure Faculty Appointments.
The University of Texas M. D. Anderson Cancer Center and the Health Science Center at The University of Texas at Tyler are authorized to award a seven-year term appointment that will denote a status of continuing appointment at that institution as a member of the faculty for a period of seven years, as outlined in Regents’ Rule 31007.
Sec. 4 Reappointment or Nonrenewal of Appointment.
4.1 Written Notice Required.
Prior to the expiration of a nontenured or term-tenure faculty member’s term of appointment and in accordance with the timing requirements in Subsection 4.2 of this Rule, the institution shall notify the faculty member in writing of its decision (1) to continue the faculty member’s employment through reappointment or (2) to discontinue employment through a nonrenewal. The notice of reappointment may be communicated in a Memorandum of Appointment. The notice required by this subsection is not applicable when an institution dismisses a nontenured or term-tenure faculty member during the faculty member’s term of appointment under Rule 31003 or Rule 31008.
A commitment to employ a nontenured or term-tenure faculty member beyond the period of current employment shall have no force and effect until approved in writing by an institution president through a Memorandum of Appointment.
4.2 Notice Timing Requirements.
No nontenured or term-tenure faculty member shall be deemed to have been reappointed or awarded a seven-year term-tenure appointment because notice is not given or received by the timelines prescribed in this Rule.
If the institution does not offer the faculty member a written letter of appointment before the 61st day after the first day of the institution’s academic year and the institution retains the faculty member for that academic year, the institution must retain the faculty member for that academic year under terms and conditions, including terms governing the faculty member’s compensation, that are at least as favorable to the faculty member’s employment for the preceding academic year, unless the institution and the faculty member subsequently enter into a different agreement.
If an institution does not deliver reappointment notice pursuant to the notice timelines in this Rule, it is the duty of the faculty member concerned to make inquiry to determine the decision of the president of an institution, who shall without delay give the required notice to the faculty member.
(a) Nontenure-Track Faculty.
Nontenure-track faculty at general academic institutions who are primarily engaged in instruction shall receive written notice of reappointment or nonrenewal not later than June 1 of the current academic year.
All other nontenure-track faculty members shall receive written notice of reappointment or nonrenewal not later than 60 days prior to the expiration of the term in their current Memorandum of Appointment.
(b) Tenure-Track Faculty.
When an institution decides to reappoint or nonrenew a tenure-track faculty member, the institution shall present the faculty member with written notice of the decision in accordance with the institution’s policies and procedures and the timelines in the table below.
| Timing of Reappointment or Nonrenewal Decision | Written Notice Deadline | If Nonrenewal, Timing of Appointment End |
|---|---|---|
| First academic year of probationary service | March 1 of first academic year | End of first academic year |
| Second academic year of probationary service | December 15 of the second academic year | End of second academic year |
| Third or later academic year of probationary service | 30 days prior to the end of the current academic year | End of subsequent academic year |
Faculty members notified of nonrenewal in the third or later year of probationary service must be provided with a Memorandum of Appointment covering the subsequent academic year, the faculty member’s terminal year.
(c) Faculty on Seven-Year Term Appointment.
Subject to the approval of the Board of Regents, if The University of Texas M. D. Anderson Cancer Center or The Health Science Center at The University of Texas at Tyler decides to reappoint a term-tenure faculty member to another seven-year term, the applicable institution’s president must provide written notice of the reappointment decision in accordance with the institution’s policies and procedures and the timeline in the table below.
If an institution decides not to reappoint a term-tenure faculty member, the institution shall present the faculty member with written notice of the decision in accordance with the institution’s policies and procedures and the timeline in the table below.
| Timing of Reappointment or Nonrenewal Decision | Written Notice Requirement | If Nonrenewal, Timing of Appointment End |
|---|---|---|
| Prior to seventh academic year | 30 days prior to the end of the sixth academic year | End of seventh academic year |
Faculty members notified of nonrenewal of a term-tenure appointment must be provided with a Memorandum of Appointment covering the subsequent academic year, their terminal year.
4.3 Nonrenewal: Notification of Reasons Not Required.
When an institution decides not to renew a nontenured or term-tenure faculty member, the institution is not required to provide a statement of the reasons for the nonrenewal decision. A decision not to reappoint, however, shall not be based on reasons that are unlawful.
Sec. 5 Grievance of Nonrenewal of Appointment for Tenure-Track, Term-Tenure, and Full-Time Nontenure-Track Faculty Members.
Tenure-track, term-tenure, and full-time nontenure-track faculty members may present a grievance in person or virtually on an issue related to the nonrenewal of the faculty member’s appointment in accordance with the institution’s faculty grievance procedures.
3. Definitions
"Faculty Member" means a person employed part-time or full-time by an institution as a member of the institution's faculty whose duties include teaching, research, administration, or the performance of professional services, including clinical services. The term does not include a person who holds faculty rank but who spends the majority of the person's time for the institution engaged in managerial or supervisory activities, including a chancellor, vice chancellor, president, vice president, provost, associate or assistant provost, dean, or associate or assistant dean.
4. Relevant Federal and State Statutes
Texas Education Code Section 51.943 – Renewal of Faculty Employment Contracts
Texas Education Code Section 51.960 – Grievance Rights on Certain Personnel Issues
5. Relevant System Policies, Procedures, and Forms
Regents’ Rules and Regulations, Rule 31001 – Faculty Titles
Regents’ Rules and Regulations, Rule 31003 – Abandonment of Academic Positions or Programs
Regents’ Rules and Regulations, Rule 31007 – Tenure
Regents’ Rules and Regulations, Rule 31008 – Termination of a Faculty Member
6. System Administration Office(s) Responsible for Rule
Office of Academic Affairs
Office of Health Affairs
Office of General Counsel
