Chapter 3339-6 Academic Affairs Unit

3339-6-01 Search and appointment procedures - academic affairs units.

(A) General

The office of the provost has established search procedures for recruiting and appointing tenured and tenure-eligible faculty, lecturers, and clinical/professionally licensed instructional staff. All searches must comply with all of the following search procedures.

(B) Selection requirements

(1) A request to fill a position, completed in its entirety, must be submitted when seeking approval to fill a vacant or create a new position. Essential responsibilities, the date application screening will begin, the proposed salary range, and the required and desired qualifications must be specified separately. The request to fill a position is forwarded to academic personnel services after approvals are obtained by the department chair, the dean of the appropriate division, and the office of equity and equal opportunity (oeeo). The office of the provost must approve all requests to fill a position prior to any advertising or job posting.

(2) When a search committee is to be used, it must be appointed with as diverse a composition as practicable and should include gender as well as ethnic representation, even if members are drawn from cognate departments. The associate vice president for institutional diversity must be consulted regarding composition of search committees. For a note concerning the constitution of this committee see rule 3339-3-15 of the Administrative Code.

(3) Lecturers and clinical/professionally licensed faculty may not vote on matters involving the hiring, promotion and/or tenure of faculty in tenure-eligible ranks.

(4) The entire search committee or department chair (if the department is the search committee) must meet with the office of equity and equal opportunity to review and obtain oeeo approval of: the recruitment plan, which shall be designed to attract a highly qualified and diverse pool of applicants; the advertisement; the selection process, including any ratings instruments; and the applicant data collection process.

This meeting should take place during the first meeting of the search committee. Upon oeeo approval, the recruitment plan and advertisement must be included in the request to fill which is then forwarded for approval by the dean of the appropriate division.

(5) All advertisements must include the date the screening of applicants will begin, the position's responsibilities and required qualifications as specified in the approved request, and university requirements.

(6) Prior to the selection of candidates for interview, it is the responsibility of the search committee chair or department chair (if there is no search committee) to obtain from oeeo an applicant flow data report indicating the composition of the pool of applicants. The oeeo must approve the composition of the applicant pool before candidates are invited to interview. If oeeo finds the candidate pool to be unacceptable, oeeo in consultation with the office of the provost will make a determination whether to conduct additional recruitment or to close the search. If additional recruitment is undertaken, the hiring department must request an updated applicant flow data report prior to conducting interviews.

(7) After receipt of the approved applicant flow data report, candidates selected for inclusion in the final interview pool must be approved by the dean of the appropriate division, and the office of the provost before being invited to campus to interview.

(8) Once interviews have been completed, reference checks have been conducted, and a candidate identified for final consideration, the department must complete a hiring recommendation. A hiring department may not recommend an applicant who does not meet the required qualifications for the position. The original letter of application, the candidate's vita, and copies of any correspondence that include desired terms of employment, e.g., chair's letters, must be included with the hiring recommendation and forwarded to academic personnel services. All materials will be submitted to oeeo for hiring approval. Academic personnel services will issue a letter of offer after approval is obtained by oeeo and the provost, and with receipt of an acceptable background check. Candidates are responsible for presenting a certified transcript as proof of terminal degree and/or proof of required licensure to the office of academic personnel services prior to the start of the appointment.

(9) No academic department or dean has appointment (hiring) authority. Only the president and provost have appointing authority. A letter of offer may be sent to the candidate by academic personnel services only after approval by the provost.

(10) Records, written or electronic, of the recruitment and selection process must be kept by the hiring department for three years. Records maintained should include information on advertising, recruitment letters, telephone calls or other contacts, interview notes, applications received, letters of appointment or rejection, ratings instruments, and specific steps taken to recruit women and minorities.

(C) Background checks

(1) The appropriate personnel office will conduct a background verification of any candidate for employment. This policy applies to faculty, unclassified administrative staff, and classified staff positions.

(2) This requirement generally does not apply to hourly student workers, interns, and graduate assistants. It does not apply to intermittent employees or temporary appointments of less than ninety days. In addition, no second background verification is required for those employees who have had a break in their service or absence of less than a one-year.

(3) In most cases, the background verification will be completed prior to making a formal offer of employment. If the background verification cannot be completed before an offer is made, the background verification must be completed before the individual begins employment unless an exception is granted by the appropriate vice president or the president. In any event, the background verification must be completed and a decision made no later than thirty days after the start of employment. In most cases, only the finalist being offered the position will be subject to the background verification requirement. However, there may be circumstances where the background of more than one applicant is verified (e.g., dean, vice presidential or presidential search).

(4) Prior to conducting the background verification, the finalist(s) must sign a consent form. If the individual declines to provide the consent for the background verification, he/she will no longer be considered a candidate for the position.

(5) The appropriate personnel office will review the results of the criminal background checks. The results are confidential and will not be shared with the hiring department. If the background verification reveals the existence of a criminal conviction, it does not result in an automatic exclusion from employment. Only pending criminal charges or convictions that are substantially related to the circumstances of the particular job may be considered in determining if an offer of employment will be tentatively withdrawn. Arrests (other than pending) or detention orders that do not result in convictions or pleas and expunged or sealed convictions will not be considered.

(6) If a decision is tentatively made not to hire an applicant (or to withdraw an offer) based on the results of the background verification, the appropriate personnel office will be responsible for notifying the applicant of the results and providing an appeal process. The individual will have three working days from the receipt of the notification to challenge the findings and then seven working days to successfully resolve it. If the findings are upheld, the appropriate personnel office will notify the individual of the non-selection.

Effective: 11/3/2016
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 7/1/1983, 9/30/1999, 10/31/2002, 11/7/2003, 3/21/2005,10/17/2007,11/14/2009, 9/17/2010, 10/14/2011,9/13/2012, 9/12/2013

3339-6-02 Contract of employment.

(A) Duties of tenure track and tenured members of the instructional staff

The principle of tenure shall be observed as an act of good faith on the part of the university. Financial exigency procedures are described in rule 3339-9-05.ofthe Administrative code At the same time, it must be recognized by all concerned that changes in status or compensation may become necessary at any time because of reduction in financial support of the university. Under these circumstances, the president shall make a full explanation to the members of the instructional staff and the action of the board of trustees must necessarily be final and not subject to the procedures described in other sections of this manual.

The primary duties of the tenured and tenure-track members of the instructional staff include, teaching, research, scholarly and creative achievement, academic advising and counseling, professional and institutional service, and committee assignments. Fulltime members of the faculty are expected to attend all meetings of faculty assembly.

(B) Academic year

Unless on an approved leave of absence or other leave, full-time members of the instructional staff (defined as an appointment of .80FTE or greater) are expected to be available during the academic year for teaching, research scholarly and creative activities, academic advising and counseling, professional and institutional service, and committee assignments. The academic year, herein defined includes the fall semester, winter term, and spring semester. The acedmic year, begins one week prior to the beginning of classes in the fall and ends the day of commencement exercises in May. For purposes of interpreting the individual terms, the fall semester begins one week prior to the beginning of classes and ends the last day of December final exams, winter term begins and ends on the dates established by the university calendar and the spring semester begins with the first day of classes and ends the day of commencement exercises in May.

(C) Change in duties

Any major change or reassignment of duties of a full-time member of the instructional staff shall include adequate notice, explanation, consultation, a sincere effort to find a mutually agreeable conclusion, and the right of appropriate appeal up to and including the committee on faculty rights and responsibilities and the president.

Replaces: 3339-6-02

Effective: 11/3/2016
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 8/1/1984, 9/30/1999, 3/21/2005, 10/31/2006, 9/12/2013

3339-6-03 Assignment of academic rank, department, and division.

Except as hereinafter provided, all persons holding academic rank (other than positional rank) shall be assigned to an academic department and be recommended for appointment by the department. The essential factor in such appointment is recognition of a person's competence in an academic discipline or area of knowledge administered by the department. Initially, it is the department that determines such competence. The recommendation for appointment is made by the department and shall be subject to approval by the academic dean of the appropriate division, the provost, and the president.

Any regional campus tenured or tenure-track faculty member hired before July 1, 2016, who elected to maintain their tenure and promotion home in an Oxford campus academic department will be given the option of joining only their regional department and division or having a dual appointment to their regional department and division. A regional campus faculty member with a dual appointment has a full membership, voting and service opportunities in their Oxford campus academic department and division as well as their regional academic department and division. When a regional campus faculty member performs service on the Oxford campus, the chairs of the departments in which the faculty member has membership will communicate to ensure a fair service load for the faculty member. For information regarding the promotion and tenure rights of regional campus faculty holding dual appointments see Chapter 3339-7 of the Administrative Code.

Lecturers and clinical/professionally licensed faculty on the regional campus hired before July 1, 2016, who have an appointment in an Oxford academic department will also be offered dual appointment status. For information regarding the promotion rights for these faculty see Chapter 3339-7 of the Administrative Code.

Faculty appointments to more than one home department/program and/or division must follow the provost's guidelines for joint appointments.

Exception may be made to the above paragraph only in a specific case when a person who would be acceptable for regular assignment to teaching or research is given another assignment within the university. In such instance the assignment will be made by the president, with concurrence of the provost, the dean of the appropriate division, and the department concerned.

A person holding academic rank shall maintain that rank while serving the university in an administrative or other capacity. Such person has all the privileges, including maintaining tenure, which are incidental to his or her academic rank. Such person shall not be eligible for achieving tenure except for a department chair who is tenurable. Promotion in academic rank shall be in recognition of contributions to his or her academic discipline. Such promotion in academic rank shall be initiated by the department concerned and may only be made with the concurrence of the dean of the appropriate division, the provost, the president, and the board of trustees.

Effective: 11/3/2016
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 3/2/1978, 9/30/1999, 10/31/2006, 9/17/2010, 9/12/2013

3339-6-04 Employment of persons holding a Miami doctorate.

The degrees of Ph.D. and ed.d. may not be granted to any member of the Miami university faculty or staff "who holds an academic rank above that of instructor. Effective January 1, 1979, a person whose highest degree is from Miami university may not occupy a tenurable rank unless one of the following conditions prevails:

(A) The person achieved tenurable rank prior to January 1, 1979 (grandfather clause);

(B) The highest graduate degree was obtained from Miami before July 1, 1970;

(C) Since receiving the Miami degree, the individual has been employed elsewhere for at least three years and has gained significant achievement;

(D) Since receiving the Miami degree, the individual has earned a higher degree from another institution.

Replaces: 3339-6-04

Effective: 10/17/2007
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 11/4/77, 3/02/1978, 9/30/1999, 10/17/2007

3339-6-05 Overload teaching.

The university does not permit the use of overload teaching nor any other form of extra compensation as a recruiting inducement.

For all fulltime, non-visiting members of the instructional staff in a department, overload teaching is equally available. Overload teaching remains available to all instructional faculty on an as-needed basis,

Overload teaching during the fall and spring semesters is available only to faculty in a department who are already teaching a "normal load" as defined by the department chair with the approval of the divisional dean. Persons not teaching a "normal load" as so defined are not eligible for overload assignments since it is assumed that anyone teaching less than a "normal load" has been granted this privilege to engage in some other scholarly or worthwhile endeavor.

Full time administrators may receive, on the same basis as members of the instructional staff, additional compensation for instructional duties if the services rendered are outside normal responsibilities, and if the contracting administrator (e.g., summer workshop coordinator) does not report directly or indirectly to the administrator receiving additional compensation. For example, a dean may not receive additional compensation for a program involving his or her division. The arrangement for additional compensation must specifically be approved by the president prior to the time services are rendered. This policy may be waived under special circumstances, with the approval of the president

The president and the vice presidents may not receive any additional compensation for any programs dealing with Miami university.

Effective: 11/3/2016
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 3/2/1978, 9/30/1999, 9/30/2000, 9/12/2013

3339-6-06 Summer and winter term teaching.

Summer and winter term teaching is equally available to all fulltime non-visiting members of the instructional staff in a department with the approval of the divisional dean. While departmental policy and curricular needs may further specify eligibility:

(A) no rank will be systematically discriminated against in the selection of eligible faculty; and

(B) faculty members may not be required to teach during the summer or winter term.

The university does not permit the use of "guaranteed" summer or winter term teaching as a recruiting inducement.

Summer and winter term courses are normally designated "enrollment contingent" (go/no go).

Summer and winter term faculty will receive an appointment specifying the nature and contingencies of the service.

Policy establishing the pay schedule and the maximum limits on earnings for the summer and winter term instruction shall be made university wide. No division may impose limits at variance with university policy.

Effective: 11/3/2016
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 9/12/2013, 9/13/2012, 9/30/1999, 7/6/1987

3339-6-07 Assigned research appointments.

(A) On-campus

An assigned research appointment provides for disciplinary and pedagogical research by releasing a tenured or tenure eligible faculty member from teaching for one semester. It assumes that the appointee will continue university assignments other than classroom teaching and therefore requires the appointee's presence on campus.

The terms of the program provide for release from teaching, full salary, the continuation of benefits based on full salary, and eligibility for salary increment and promotion.

The program is crucially important for extending the frontiers of knowledge. Specifics of it are outlined below:

(1) Application for assigned research is initiated through the department chair to the dean, provost, and the president. Final approval must be given by the president. The number of such appointments which can be approved in any given semester will depend in part upon the ability of the department in question and the university to meet all their obligations.

(2) A reduced load for assigned research shall not normally be deemed to affect the eligibility of an individual member under the university faculty improvement program.

(3) The appointment of a faculty member to assigned research ordinarily does not involve additional funding for a department. The application must indicate how the department will cover the load of the faculty member.

(4) Criteria for successful assigned research proposals may include but are not restricted to the significance, originality, and feasibility of the project; the soundness of the methodology proposed; evidence that the proposer has taken into account the relevant existing work; and the record of the proposer's scholarly or creative accomplishment.

(5) Faculty members receiving an appointment for assigned research are obligated to remain at Miami during the ensuing academic year and to make a full report of the results of the assignment to the chair, dean, and provost within ninety days of the completion of the assignment. If a person does not return to Miami university during the ensuing academic year, he or she is expected to reimburse the university a prorated portion of university salary received during the assigned research leave for the portion of the post leave year that is not completed.

(6) Anyone on assigned research appointment will devote full time to the specific project and therefore will not be engaged in other activities for which remuneration is awarded (except as permitted when teaching full time and with appropriate approval).

(7) Applications for appointment to assigned research should be received in the academic personnel services by December first, of the academic year preceding the leave period if one is to receive most favorable consideration.

(8) Questions regarding the program policy and guidelines should be addressed to the academic personnel services office.

(B) Off-campus

An assigned research appointment off-campus permits a tenured or tenure eligible member of the instructional staff to spend a semester conducting research in an off campus location when the nature of the research project makes absence from campus necessary. Normally faculty not eligible for a faculty improvement leave will be awarded an assigned research appointment; but in unusual circumstances when research away from campus is essential an assigned research appointment off-campus will be granted.

The terms of the program provide (from grant and university sources combined) full salary, the continuation of benefits based on full salary, and eligibility for salary increment and promotion.

(1) Application for an assigned research appointment off-campus is initiated through the department chair to the dean, provost, and president.

(2) Receipt of an assigned research appointment off-campus normally will not affect the eligibility of a person for a faculty improvement leave.

(3) The application for an assigned research appointment off-campus must indicate how the department will cover the usual duties of the applicant during the semester of appointment, with the understanding that no additional funding for the department will be provided.

(4) Criteria for evaluating applications include, but are not restricted to, the merit of the research project and the record of the proposer's scholarly or creative accomplishment.

(5) Persons receiving an appointment for assigned research appointment off-campus are obligated to remain Miami during the ensuing academic year and to make a full report of the results of the assignment to the chair, dean, and provost within ninety days of the completion of the assignment. If a person does not return to Miami university during the ensuing academic year, he or she is expected to reimburse the university a prorated portion of university salary received during the assigned research leave for the portion of the post leave year that is not completed.

(6) Anyone on an assigned research appointment off-campus will devote fulltime to the research project and therefore will not be engaged in other activities for which remuneration is awarded.

(7) Applications for an assigned research appointment off-campus should be received in the academic personnel services office by December first, of the academic year preceding the leave period if one is to receive most favorable consideration.

(8) Questions regarding the program and its guidelines should be addressed to the academic personnel services office.

Effective: 11/3/2016
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 9/30/1999, 9/30/2001,10/31/2002, 10/31/2006, 9/17/2010, 9/12/2013, 3/6/2015,

3339-6-08 Faculty improvement leave.

The faculty improvement program, established in conformity with section 3345.28 of the Revised Code, provides extended periods for professional growth and development. All fulltime, tenured members of the instructional staff with teaching loads who have served at least seven years in any rank in fulltime service are eligible for a faculty improvement leave It enables faculty development away from campus and requires seven years of fulltime service for eligibility.

This program is crucially important for enabling the improvement of teaching techniques, extending the frontiers of knowledge, and maintaining the vitality of individual faculty members and programs.

The program provides release from teaching duties and other university assignments, either full compensation during one semester or two-thirds compensation during two semesters, continuation of university-provided insurance benefits and fee waivers, and eligibility for salary increment and promotion. For participants in the state teachers retirement system, contributions will be made as allowed by law. For participants in the alternative retirement plan, contributions will be made as permitted by the plan.

Specifics of the program are outlined below:

(A) Application for a faculty improvement leave is initiated through the department chair to the dean, provost, and president.

(B) In any single year, because of commitments to teaching and service as well as to faculty development, the university customarily will not authorize more than thirty faculty improvement leaves.

(C) Professional leave taken as a faculty improvement leave shall not normally be deemed to be in lieu of assigned research (assigned duty in connection with a specific research, scholarly, or creative program).

(D) A faculty improvement leave ordinarily does not involve additional funding for a department. A request for faculty improvement leave must indicate how the department will cover the load of the staff member applying for the leave. In rare instances when extreme hardship would result in a department if a faculty improvement leave were granted, funds may be authorized by the provost or dean to hire replacement staff

(E) Faculty improvement leaves are granted on the basis of the contribution that the appointee will make to the university upon returning to normal assignment. Years of service are crucial for determining eligibility but are not a major factor in discriminating among aspiring candidates.

(F) A person may not receive a second (or "the next") faculty improvement leave until seven years have elapsed from the end of the previous leave.

(G) A request for a faculty improvement leave should detail the activities proposed for the year or the term and indicate their significance for the mission of the university. They may relate to professional growth, disciplinary research, a research project dealing with the effectiveness of various instructional methods, or teaching development.

(H) Persons receiving a faculty improvement leave are obligated to remain at Miami during the ensuing academic year and to make a full report of the results of the assignment to the chair, dean, and provost within ninety days of the completion of the leave. If a person does not return to Miami university during the ensuing academic year, he or she is expected to reimburse the university a prorated portion of university salary received during the faculty improvement leave for the portion of the post leave year that is not completed.

(I) Recipients of faculty improvement leaves may receive money for approved study or research or other activities expressly related to the purpose of the leave without prejudice to their receipt of income from Miami, provided that the total remuneration from all sources (including Miami) does not exceed the recipient's annual Miami university salary.

(J) In addition to salary, special arrangements may be made for grants to defray travel and similar coincidental expenses. These arrangements must, however, be approved in advance of the leave.

(K) Applications for a faculty improvement leave should be received in the academic personnel services office by December first of the academic year preceding the leave period if one is to receive most favorable consideration.

(L) Questions regarding the program and its guidelines should be addressed to the academic personnel services office.

Note: See Chapter 3339-4 of the Administrative Code for other leaves of absence available to members of the instructional staff.

Effective: 11/3/2016
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 9/30/1999, 9/30/2000, 9/30/2001, 10/31/2002, 10/31/2006, 10/17/2007, 8/20/2008, 9/17/2010, 9/12/2013, 3/6/2015