Details
Series
Date Approved
Date Last Amended
Office(s) Responsible for Rule
Office of Academic Affairs
Office of Health Affairs
1. Title
Tenure
2. Rule and Regulation
Sec. 1 Applicability of Rules and Policies.
This Rule addresses the granting of and requirements related to faculty tenure.
Faculty titles and descriptions are covered in Regents’ Rule 31001.
Appointment, reappointment, nonrenewal, notice, and other requirements for non-tenured faculty, regardless of tenure track status, and term-tenure faculty are addressed in Rule 31002.
Sec. 2 Granting of Tenure. Tenure denotes a status of continuing appointment as a member of the faculty at an institution of The University of Texas System. The granting of tenure means the entitlement of a faculty member of an institution of higher education to continue in the faculty member’s academic position unless terminated by the institution for good cause or summarily dismissed in accordance with Rule 31008. The granting of tenure may not be construed to create a property interest in any attribute of a faculty position beyond a faculty member’s continuing employment, including the faculty member’s regular annual salary and any privileges incident to the faculty member’s status as a tenured professor.
Academic titles in which faculty members can hold tenure are listed in Regents’ Rule 31001. Tenure may be granted at the time of appointment to any of such academic ranks, or tenure may be withheld pending satisfactory completion of a probationary period of faculty service. Tenure status described in this section shall not be applicable to the faculty of The University of Texas M. D. Anderson Cancer Center or the Health Science Center at The University of Texas at Tyler.
Sec. 3 Seven-Year Term Appointment. 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 tenure appointment that will denote a status of continuing appointment at that institution as a member of the faculty for a period of seven years. Only members of the faculty with academic titles of Professor, Associate Professor, or Assistant Professor may be granted a seven-year term tenure appointment. A seven-year term tenure appointment may be granted at the time of appointment to any of such academic rank or may be withheld pending satisfactory completion of a probationary period of faculty service. No institution may adopt or implement a seven-year term tenure appointment policy except The University of Texas M. D. Anderson Cancer Center and the Health Science Center at The University of Texas at Tyler.
Sec. 4 Full-time Service Requirement Related to The Fulfillment of Required Probationary Period. Except in limited circumstances as determined by the institution, only full-time service in the academic ranks of Professor, Associate Professor, Assistant Professor, and Instructor, or any combination thereof, shall be counted toward fulfillment of a required probationary period related to the award of tenure or a seven-year term appointment. Institutions shall establish a policy that identifies the activities or circumstances that qualify as full-time service.
Sec. 5 Prior Service. Prior service at other academic institutions, whether inside or outside the U.T. System, shall not be counted to fulfill the required probationary period unless specifically permitted under an institution's Handbook of Operating Procedures.
Sec. 6 Probationary Service. Each institution shall establish policies in its Handbook of Operating Procedures that specify the maximum length of probationary service. The maximum period of probationary faculty service in non-tenured status with any academic title or combination of academic titles specified in Section 4 of this Rule shall not be more than seven years of full-time academic service at the general academic institutions and not more than nine years of full-time academic service at the health-related institutions and at the academic medical centers of the general academic institutions. Institution policies on maximum probationary periods shall include provisions for extension requests in accordance with Sec. 6.1(b) of this Rule.
In the final year of the maximum probationary period, all tenure-track faculty shall be given notice (1) that the subsequent academic year will be the terminal year of employment; or (2) that, subject to the approval of the Board of Regents, tenure or a seven-year term appointment will be granted beginning with the subsequent academic year according to the faculty members’ institutional policy. If a faculty member is awarded tenure or seven-year term appointment, the institution shall provide the faculty member a Memorandum of Appointment in accordance with Regents’ Rule 31001.
6.1 Calculation of Service. For purposes of calculating the period of probationary service, an "academic year" shall be the period from September 1 through the following August 31 unless institution policy provides otherwise.
(a) If a faculty member is initially appointed during an academic year, the period of service from the date of appointment until the beginning of the following academic year shall not be counted as academic service toward fulfillment of the maximum probationary period unless institution policy provides otherwise. After the first full year of service as calculated by the institution’s policy, one year of probationary service is accrued by at least nine months full-time academic service, as provided by the institution’s policy, during any academic year. A faculty member shall be considered to be on full-time academic service when in full compliance with Rules 31006 and 31007 and institution standards pertaining to minimum faculty workloads or when in compliance with the academic service standard of any health-related institution or academic medical center of any general academic institution.
(b) Each institution with tenured faculty will establish and appropriately communicate a policy for the extension of the maximum probationary period and include the policy in the institutional Handbook of Operating Procedures following the standard review and approval process. In the case of The University of Texas M. D. Anderson Cancer Center or the Health Science Center at The University of Texas at Tyler, the institution may establish a policy that allows the extension of a term-tenure appointment consistent with these guidelines and the term-tenure policy. Institutional policies are to be consistent with the following guidelines:
(1) A faculty member who determines that certain personal or professional circumstances may impede his or her progress toward achieving demonstration of eligibility for recommendation of award of tenure may make a written request for extension specifying the reason(s) for the requested extension. Personal or professional circumstances that may justify the extension include, but are not restricted to, disability or serious illness of the faculty member; status of the faculty member as a principal caregiver of a preschool child; status of the faculty member as a principal caregiver of a disabled, elderly, or seriously ill member of the family of the faculty member; or activities that enhance the reputation of the institution and/or contribute to the faculty member’s professional development. It is the responsibility of the faculty member to provide appropriate documentation to adequately demonstrate why the request should be granted.
(2) The request for extension shall be limited to one academic year. A request for an additional academic year's extension will follow the established request process, with the maximum duration of extension, whether consecutive or nonconsecutive, to be two academic years unless otherwise required by applicable state or federal law.
(3) Normally, requests for extension must be made in advance of the academic year or semester for which the extension is desired and may be made no later than three months prior to the deadline for initiation of the mandatory review process to determine recommended award of tenure or notice as provided under Rule 31002, concerning notice of nonrenewal, that the next year will be the faculty member's terminal year of appointment.
(4) The decision regarding the request shall be made by the chief academic officer of the institution, upon recommendation of the department chair and the dean, within a reasonable period of time and in a manner specified by institutional policy.
Sec. 7 Board Approval. The award of tenure may be granted only by the Board of Regents, on the recommendation of the institutional president and the Chancellor.
Sec. 8 Prohibition. A person appointed to a tenure-track or tenured faculty position at an institution of the U.T. System may not, during the term of such appointment, hold a faculty position at another educational institution (other than a visiting professorship or other similar temporary appointment) without the express written permission of the appropriate Executive Vice Chancellor.
8.1 Resignation of Outside Tenure. Unless an exception is approved as authorized above, tenured faculty appointments within the U.T. System shall be conditioned upon the appointee having resigned any tenured position at any other educational institution. Such resignation must be completed and effective prior to the effective date of the appointment at the U.T. System institution; otherwise, such appointment shall be void and of no effect.
8.2 Acceptance Considered Resignation. After a person holds a tenured faculty appointment at a U.T. System institution, the commencement of a full-time faculty appointment at any other educational institution shall be considered a resignation of the U.T. System faculty appointment unless the appropriate Executive Vice Chancellor has granted express written permission for the holding of such a dual appointment.
3. Definitions
None
4. Relevant Federal and State Statutes
Texas Education Code Section 65.32 – Removal of Officers, Etc.
5. Relevant System Policies, Procedures, and Forms
The University of Texas Systemwide Policy UTS 198, Termination of a Faculty Member
6. System Administration Office(s) Responsible for Rule
Office of Academic Affairs
Office of Health Affairs
