ARTICLE II - FACULTY APPOINTMENTS
Section 1 - General Statement of Appointment
Section 2 - Faculty Ranks
Section 3 - Categories for Faculty Titles
Section 4 - Procedure for Consideration for Appointments and Promotions
Section 5 - Tenure
Section 6 - Temporary Appointments
Section 7 - Term of Appointments
Section 8 - Dismissal for Cause
Section 9 - Dismissal Due to Financial Exigency
Section 10 - Discontinuance of Program or Department Not Mandated by Financial Exigency
Section 1 General Statement of Appointment
The College has multiple goals and obligations that encompass teaching, research, and patient care, as detailed in the mission statement of the College. Individual Faculty members shall be responsible for one or more of these obligations. The conditions, including title, term, and compensation, of every Faculty appointment shall be stated precisely in writing and be in the possession of both the College and the Faculty member. All such appointments shall be subject to the approval of the Board of Trustees.
All members of the Faculty are entitled to academic freedom. Faculty members are entitled to freedom in research and the publication of the results subject to the applicable College policies and regulations.
Faculty members are members of a learned profession, and responsible members of an educational institution. When they speak or write, they should be free from censorship or discipline by the College, but they should at all times be accurate, should exercise appropriate restraint, should respect the opinions of others, and should indicate that they are not spokespersons for the College.
Unless approved otherwise by the Board of Trustees, Faculty appointments are made in a Department of the College.
Section 2 Faculty Ranks
This Article contains the definitions used by the College for the various Faculty ranks. Specific procedures for Faculty appointments and promotions to each of these ranks shall follow the guidelines stated in these Faculty Bylaws, as interpreted and amplified by the Faculty Appointments and Promotions Committee of the College.
(1) Professor
The rank of Professor shall be held by a Faculty member who has a doctoral degree and has demonstrated outstanding teaching, research, and/or clinical ability and is recognized as outstanding in his/her field. Such characteristics usually include membership in appropriate national professional societies and certification by the appropriate specialty board, if such membership or certification is appropriate to his/her function in the Department.
(2) Associate Professor
The rank of Associate Professor shall be held by an individual with such qualifications as indicate potential for appointment as a Professor. Such qualifications would ordinarily include certification by the appropriate specialty board, extensive and varied experience in his/her field, recognition as an outstanding teacher, scientist, and/or clinician, and membership in appropriate national professional societies, if such membership or certification is appropriate to his/her function in the Department.
(3) Assistant Professor
The rank of Assistant Professor shall be held by an individual who holds a doctoral degree or a master’s degree in fields in which that is the highest degree offered at the time of one’s education. Qualifications should ordinarily include acceptable post-doctoral experience in research or teaching and certification by specialty board, if such certification is appropriate to his/her function in the Department.
(4) Instructor
The rank of Instructor shall be held by an individual with a masters degree or a doctoral degree. This title is intended to indicate the initial step in an academic career. Post-doctoral teaching and research experience are not necessarily required. Normally, individuals pursuing residency training will not receive an academic title. Chief Residents and Fellows are eligible to be considered for the title of Instructor.
(5) Lecturer
The rank of Lecturer shall be held by an individual who teaches a course or part of a course. Appointment to this rank will be under highly selective conditions.
(6) Exceptions
Exceptions to the qualifications listed above may be made for individuals who have demonstrated the ability to perform as a teacher, scientist, or clinician at a level equivalent to that defined in the respective Faculty ranks. An example of such an exception is an individual who lacks a doctoral degree.
Section 3 Categories for Faculty Titles
There are seven categories of Faculty titles: unqualified, clinical, research, emeritus, temporary, adjunct, and adjunct clinical.. The standards for appointment at each rank and category are articulated in relevant policies of the Appointments and Promotion Committee.
(1) Unqualified title
The unqualified title carries no qualifying descriptive adjective and shall be held by Faculty with major responsibility for College programs, including teaching, research, administration, or clinical activity. Faculty with unqualified titles may not hold an unqualified title at any other institution without the recommendation of the Chair and the consent of the Dean.
Faculty with unqualified titles may hold qualified titles at other institutions upon the recommendation of the Department Chair.
(2) Qualified titles
(a) Clinical. A clinical title identifies those Faculty who contribute to the clinical programs (teaching, research, or other clinical functions) of the College and who may or may not devote their professional effort exclusively to the College programs.
(b) Research. The research title identifies Faculty members who are primarily employed for specified research or demonstration projects of limited duration.
(c) Adjunct or Adjunct Clinical. The Adjunct or Adjunct Clinical title is reserved for those members of the Faculty who contribute to the academic programs of the College on an occasional, but continuing basis. Persons may serve in the Adjunct Faculty without limit of time through successive reappointments.
(d) Emeritus. The title of Emerita or Emeritus Professor or Emerita or Emeritus Associate Professor may be conferred upon a retiring member of the Faculty who has given long, meritorious, and distinguished service to the College.
(e) Temporary. A temporary title identifies those who have been appointed to the Faculty by the Dean in accordance with Section 6 of this Article
(3) Secondary Appointments A Faculty member may hold title in more than one Department in the College and/or in the College and at Drexel University, in which instance the title category and rank in each Department and/or at Drexel University should be appropriate to the activity and responsibility of that member.
Section 4 Procedure for Consideration for Appointments and Promotions
The standards and procedures generally employed in decisions affecting appointment and promotion shall be determined within the College. Each Faculty member will be advised, at the time of initial appointment or promptly upon their adoption, of these standards and procedures. In general, these standards will include a candidate's ethical character, integrity, collegiality and the quality of his/her educational activities, original contributions in a scholarly field, service to the institution, and, if applicable, patient care. Any special standards adopted by the Faculty member's Department, Department Chair, or the College will also be transmitted.
All nominations for Faculty appointments or promotion will originate with the Chair of the Department in which appointment or promotion is sought, or with the Dean when Department Chairs are being considered. The Department Chair shall submit nominations to the Dean, who shall refer the nomination for consideration by the Appointments and Promotions Committee of the College.
The Appointments and Promotions Committee of the College will review the nomination and will forward same, with its recommendation, to the Executive Committee. The Executive Committee will review the nomination and will forward same, with its recommendation to the Dean. If the nomination involves an initial appointment, the appointment shall become effective with the approval of the Dean. If the nomination involves a promotion, the Dean shall review such nomination and, if the Dean recommends promotion, he or she shall forward same to the Board of Trustees. The decision to grant a promotion shall become effective with the approval of the Board of Trustees.
At the completion of each level of review (Department Chair, Dean and the Appointments and Promotions Committee of the College, Executive Committee and Dean), the recommendation for or against the granting of appointment or promotion will be made to the next higher level. If a recommendation against the granting of appointment or promotion is made at any level, the Faculty member involved will be notified of the decision and provided with a list of reasons why the decision was made. The Faculty member shall have the opportunity to appeal the decision to the committee or individual that made the negative decision. If the initial negative decision is not reversed, the Faculty member shall have the option to either accept the decision, or to permit the negative recommendation to be forwarded to the next higher level, except that a decision by the Dean to deny an appointment or promotion shall be final and not forwarded to the Board of Trustees.
If the Department Chair is unwilling to recommend promotion, the Faculty member may, in writing, request special evaluation by the Appointments and Promotions Committee. The recommendation of this Committee will be forwarded to the Executive Committee, Dean and to the Board of Trustees in accordance with these procedures.
If an eligible Faculty member fails to obtain promotion, he/she may be reconsidered no sooner than after one year, consistent with the Faculty Bylaws and the policies and procedures of the College, provided that additional evidence in support of his/her case is submitted by the Department Chair.
Section 5 Tenure
The Board of Trustees and the Faculty acknowledge and affirm the role of tenure in promoting academic freedom and a robust academic environment. The definition of tenure, standards and procedures for granting tenured status and a statement of rights and obligations of tenured Faculty, taking into account the financial and administrative exigencies of the College and the current and future role of Drexel University in the operation of the College are the responsibility of the Board of Trustees and are articulated in relevant policies and procedures.
Section 6 Temporary Appointments
(1) Upon request of the Department Chair, and prior to consideration by the Appointments and Promotions Committee, the Dean may provide a temporary Faculty appointment in order to permit the proposed Faculty member to function within the institution and to receive appropriate remuneration.
(2) Such temporary appointments shall have the following restrictions:
(a) The appointee shall be given the qualified title of "Temporary".
(b) The term of the temporary appointment shall not ordinarily exceed one (1) year.
(c) A temporary appointee shall not vote, hold office, or serve on Committees of the Faculty. The Dean may grant exceptions to this rule in appropriate circumstances.
Section 7 Term of Appointment
(1) Initial Faculty Appointments
Faculty appointments should be coordinated with the College's academic year, commencing on July 1 and ending on June 30. Unless approved otherwise by the Dean, the initial term of appointment for all Faculty members without tenure (except those with Temporary Appointments pursuant to Section 6) shall be for one (1) year, unless sooner terminated pursuant to the other provisions of these Bylaws. Subject to the foregoing, in the case of appointments that begin other than July 1, the initial term shall be for no less than one (1) and no more than two (2) years, such that the termination date is June 30.
(2) Renewal of Non-tenured Faculty Appointments
For Faculty members without tenure, appointments shall automatically renew for an indefinite number of one year terms, unless sooner terminated pursuant to the other provisions of these Bylaws.
(3) Termination of Non-tenured Faculty Appointments
Members of the Faculty agree that they shall not resign or in any other manner terminate their services until they have given the College written notice at least sixty (60) days in advance, so that the College has a reasonable opportunity to appoint proper replacements.
Unless expressly provided otherwise in the stated term or other provisions of a Faculty member’s appointment, a Non-tenured Faculty member’s appointment may be terminated by the College as follows:
• During the first year of service by giving written notice at least three months in advance of the effective date of termination.
• During the second year of service, by giving written notice at least six months in advance of the effective date of termination.
• After two or more years of service in the institution, by giving written notice at least twelve months in advance of the effective date of termination.
Notwithstanding the foregoing, with respect to a Non-Tenured Faculty Member whose primary appointment is in a Preclinical Academic Department, the effective date of termination under this subsection (3) may not be before the end of the end of the then current term of that Faculty member’s appointment.
In calculating years of service, only years of service as a full-time faculty member are considered. A non-tenured Faculty member who is given notice of termination may request from the Department Chair a notice of reasons. This notice of reasons, if requested, must be written. A Faculty member who is dissatisfied with the notice of reasons must appeal to the College Mediation and Grievance Panel within thirty (30) days from receipt of this notice of reasons.
Section 8 Dismissal for Cause
Members of the Faculty may be dismissed before the expiration of their term of appointment only for reasons of adequate cause. Adequate cause for dismissal includes, but is not limited to, the following:
(1) Demonstrated incompetency in teaching, research, patient care or service.
(2) Demonstrated dishonesty or misconduct in teaching, research or patient care or service, including dishonesty in billing or documentation.
(3) Substantial and manifest neglect of duty.
(4) Personal conduct that substantially impairs the individual's fulfillment of his or her institutional responsibilities or which violates College policies and procedures.
(5) Noncompliance with the Faculty Bylaws of the College
(6) Conviction of a felony.
(7) A Faculty member’s compensated employment with the College may be terminated if the Faculty member ceases to be insurable under the College’s professional liability insurance program and such insurance is required as a condition of employment. However, the Faculty member will retain an uncompensated faculty appointment of the same rank and title if his or her employment is terminated solely for this reason.
Action for dismissal for cause shall be initiated by the appropriate Department Chair. Prior to the initiation of an action for dismissal, the Faculty member will be provided with written notice of the grounds for dismissal and an opportunity to meet with the Department Chair. If the faculty member attends such a meeting, the Faculty member will be provided an explanation of the grounds for dismissal and an opportunity to respond. If the matter is not resolved and the Chair believes that adequate cause to dismiss exists, the Chair shall recommend such action to the Dean in writing with an explanation of the reasons for such recommendation. The Dean will notify the Faculty member that a recommendation of dismissal for cause has been received. The Dean will review the grounds for dismissal and any relevant evidence offered in support or response. Should the Dean find that adequate cause exists for dismissal, the Dean shall terminate that Faculty Member’s appointment. The Faculty member may appeal the Dean’s decision to the Mediation and Grievance Panel. If the Dean has reason to believe that harm to the College, its Faculty, employees, students or patients will occur or be threatened by the Faculty member’s continued active status, the Dean, may suspend the Faculty member, with or without pay, until the dismissal process, including any appeals, has been concluded.
Section 9 Dismissal Due to Financial Exigency
A tenured or non-tenured faculty appointment may be terminated before the expiration of its term for demonstrated financial exigency as determined by the Board of Trustees in its sole discretion. In such cases, all terminations on these grounds must be approved by the Board of Trustees after consideration by appropriate Faculty governing bodies in accordance with the procedures provided for in these Faculty Bylaws.
Section 10 Discontinuance of Program or Department Not Mandated by Financial Exigency
Termination of a non-tenured faculty appointment may occur as a result of bona fide formal discontinuance of a program or Department. Termination of a tenured faculty appointment may occur as a result of a bona fide formal discontinuance of the Department (but not a program) in which the tenured faculty member holds his or her primary appointment. The following standards and procedures will apply:
(1) The decision to discontinue formally a Department will be based upon consideration of the criteria specified in Article V, Section 4 of these Bylaws. The decision to discontinue formally a program will be made by the Dean and approved by the Board of Trustees.
(2) Before the administration issues notice to a Faculty member of its intention to terminate an appointment because of formal discontinuance of a program or Department, the institution will make every reasonable effort to place the Faculty member concerned in another suitable position within the College. If placement in another position would be facilitated by a reasonable period of training, financial and other support for such training will be proffered. If no position is available within the College, with or without retraining, the faculty member’s appointment then may be terminated, but only with provision for severance salary equivalent to the amount of advance notice required under Section 7(3) of this Article given the faculty member’s length of service with the College.
(3) A faculty member may appeal a proposed relocation or termination resulting from discontinuance to the College Mediation and Grievance Panel by filing such grievance within thirty (30) days from the notice of termination.
(4) A program subject to discontinuance in the understanding of this Section shall consist of a group of faculty members working in an intellectually related domain of study or practice. A program subject to discontinuance will not consist of a single individual. |