Chapter 3339-7 Tenured and Nontentured Staff

3339-7-01 Evaluation of members of the instructional staff.

(A) Frequency and purpose of evaluation

Each tenured and probationary member of the instructional staff shall receive at a minimum a written annual evaluation based at least in part on data supplied by the person in his or her annual report of professional activities. Evaluations shall serve two functions:

(1) To guide the professional development of the person, and

(2) To record part of the evidence upon which personnel decisions and salary recommendations shall be based.

Accordingly, each annual evaluation should include strengths, weaknesses, and specific recommendations for improvement. Additional assessments may be conducted if deemed desirable by the chair, the program director (when appropriate), or their dean.

(B) Annual report of professional activities

Each tenured and probationary member of the instructional staff shall submit to the chair or program director (when appropriate) a written annual report of professional activities that shall include information on publications, teaching responsibilities, committee assignments, public service, and other professional activities.

(C) Annual evaluation of tenured members of the instructional staff

Department chairs or program directors (when appropriate) shall prepare written evaluations and salary recommendations for instructional staff, seeking input from Oxford chairs when relevant. The regional chair will share the annual evaluations with the Oxford campus chair for those holding dual appointment.

(D) Annual evaluation of probationary members of the instructional staff

The policy for the annual evaluation of probationary members of the instructional staff is outlined in rule 3339-7-05 of the Administrative Code. Probationary members of the instructional staff shall receive a written explanation of the annual salary recommendation.

(E) Formative promotion evaluations

In addition to the annual evaluation, all members of the instructional staff in a promotable rank may request a formative promotion evaluation once per academic year. Upon the person's request, the evaluation shall be prepared by the department's promotion committee and by the chair (or only by the former if the chair is being evaluated) or program director (when appropriate). These evaluations shall be based on:

(1) Cumulative information provided by the person regarding criteria set out for his or her promotion and

(2) May include other relevant information

At the person's discretion, the information provided may include his or her plans that may help the promotion committee and chair or program director (when appropriate) provide useful guidance. Formative promotion evaluations are to guide the person toward promotion and are not to be used for personnel or salary decisions.

Faculty with a dual appointment must elect their promotion initiating division (Oxford or regional campus) prior to any application for a formative promotion evaluation that is made on or after July 1, 2017 or prior to an application for promotion, if no formative evaluation is sought after that date.

Effective: 11/3/2016
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 9/1/1989, 9/30/1999, 9/30/2000, 10/14/2005, 10/31/2006, 11/14/2009, 9/17/2010, 9/12/2013, 3/6/2015

3339-7-02 Statement on the evaluation of teaching.

(A) General

Miami university stresses the importance of high quality teaching and its impact on student learning and recognizes that there are differing professional views on the nature and utility of evaluation of instruction. The university also recognizes that the responsibility of demonstrating teaching effectiveness rests with the faculty and the department.

Teaching is a complex and multi-faceted process, requiring multiple approaches to measurement which extend beyond student evaluations of teaching. Much of the richness of information is not necessarily quantifiable, but relies instead on qualitative information.

(B) Teaching evaluation plan

Each department is expected to develop a teaching evaluation plan. The major purpose of this plan is to provide a process to enhance the quality of instruction, and subsequently, student learning, at Miami. When implemented, each plan should provide faculty with information useful in improving their teaching (formative) and for documenting teaching effectiveness for promotion, tenure and/or annual performance appraisals (summative). Accordingly, candidates seeking promotion and/or tenure are urged to submit to their departments/divisions a variety of evaluation results.

(C) Specific guidelines for a department's teaching evaluation plan

(1) The teaching evaluation plan is the responsibility of the department, in terms of initial development, implementation and ongoing revision.

(2) The department's plan shall reflect the complexity of the teaching/learning process by including multiple sources of evaluation data, including both quantitative and qualitative assessment methods. The plan shall also address both formative and summative activities. In addition to end-of-semester student evaluations, summative and formative activities could include, but are not limited to: ongoing classroom assessment, peer evaluations, student portfolios, chair or program director (when appropriate) evaluations, teaching (faculty) portfolios, classroom materials, samples of exemplary classroom lessons or assignments, senior exit surveys and alumni surveys.

(3) Departmental teaching evaluation plans shall reflect multiple models of teaching and student learning. For example, plans should be sensitive to lecture, discussion, inquiry or small group instruction.

(4) Formative evaluations are designed to aid in the course and teaching development by the instructor and his or her mentors and peers. These evaluations will not be used for summative purposes, such as promotion and tenure decisions or merit salary increases. Rather, formative evaluations are designed to provide valuable feedback for the improvement of course design and instruction, and they may be conducted by the instructor.

(5) Summative evaluations conducted at the end of a term will be retained and used as a part of the evaluation process for tenure, promotion, post-tenure review and merit salary increases.

(6) Unofficial and unregulated student evaluations (e.g., internet evaluations) may not be used for promotion and tenure purposes or any other personnel considerations.

(7) All faculty should have their classes (independent studies and other such courses, as well as classes with enrollments of fewer than five, are generally exempt) evaluated by students in some formal manner that is appropriate to the specific type of course. These evaluations will constitute a concrete record of teaching effectiveness that can be used for both self-improvement and summative evaluation, and shall be constructed in such a manner as to ensure credibility and integrity:

(a) The faculty member shall not administer his or her own evaluation. In accord with departmental/divisional procedures, a third party shall announce the evaluation, distribute the evaluation forms, and submit the forms for processing.

(b) The faculty member shall not receive any evaluation results until final grades for the semester have been submitted.

(c) If additional evaluations used exclusively for faculty self-improvement are administered, the above two conditions do not apply.

Independent studies and other such courses, as well as classes with enrollments of fewer than five, are generally exempt.

(D) Waiver of course evaluation reporting

A faculty member who plans to try a new experimental or innovative teaching approach in a single course may submit a formal written request to waive the reporting of end-of-semester or term course evaluation data for that course on their annual reports or promotion and/or tenure dossiers. The request should be submitted to the department chair or program director at least one month in advance of the first day of the semester or term when the course is to be taught. The request should include a rationale that includes a description of the new curricular or teaching approach to be implemented. New curricular or teaching approaches must be substantive (e.g., taking an interdisciplinary approach, teaching fully online, or incorporating service learning project). The chair or director notifies in writing the respective divisional dean and the faculty member of the decision to support or deny the faculty member's request to have the formal course evaluation reporting waived. Notification of support or denial must be made before the first week of class. Through this policy, faculty members are eligible to waive reporting of end-of-semester evaluations for one course every three years.

Digital evaluations will be conducted for formative purposes only. To further enhance the quality of the course, the faculty member is encouraged to utilize additional formative means of evaluating the course (e.g., small group instructional diagnosis, peer observation, assessment of student learning outcomes). See paragraph (C)(2) of this rule for examples.

(E) Note

Members of the faculty should consult with the dean of their division if they have questions relative to this policy, especially with regard to evaluation instruments.

Effective: 11/5/2015
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 9/23/1985, 9/30/1999, 9/30/2000, 10/14/2005, 10/31/2006, 8/20/2008, 11/14/2009, 9/12/2013

3339-7-03 Tenure and promotion.

(A) Purpose of tenure and promotion

The best faculty members combine intense intellectual curiosity with a talent for high-quality teaching, active prosecution of research, scholarly and/or creative work, and a demonstrable commitment to productive professional service. The university seeks to reward through tenure and promotion those persons who exhibit the highest standards of teaching, research, and service.

Tenure is a means of assuring academic freedom: that is, the freedom to teach, to inquire, to create, to debate, to question, and to dissent (see rule 3339-5-01 of the Administrative Code). Such activity is the essence of the search for truth and knowledge, and is primary to the university. This atmosphere is necessary as the university seeks to attract, maintain, and nurture a diverse and exceptional faculty. Promotion is a means of recognizing meritorious performance and professional accomplishment.

Each candidate for tenure and promotion is judged individually on the criteria, not relative to other candidates. Fulltime members of the instructional staff serving with a rank of professor, associate professor, assistant professor, or senior instructor either are tenured or are serving a prescribed probationary period. The probationary period is intended to give the individual an opportunity for professional growth and to give the University an opportunity to assess the individual's qualifications for a continuing appointment. If a candidate demonstrates the high quality of professional performance expected by Miami, tenure will be conferred, regardless of how many other candidates may be considered in a given year. However, it is not anticipated that all individuals will be able to demonstrate the high quality of professional performance required to achieve tenure.

(B) Eligibility for tenure

Tenure at Miami university is conferred by the board of trustees upon the positive recommendation of the president. Eligibility for tenure requires that a person:

(1) Serve as a fulltime member of the instructional staff;

(2) Be engaged at least fifty per cent of his or her appointment in regular teaching assignments and research, except when in the judgment of the department, the department chair, the program director (when appropriate), the divisional dean, and the provost, an instructional staff member's responsibilities warrant the protection of tenure; and

(3) Have an appointment with a tenure-eligible rank.

(C) Eligibility for promotion

Eligibility for promotion, unlike tenure, does not require that the person be engaged at least fifty per cent of his or her appointment in regular teaching assignments or research, or that the person be a full time member of the instructional staff.

A person with a fulltime tenure-eligible appointment who has not attained the rank of associate professor will be promoted to that rank upon the award of tenure. However, a person with a fulltime tenure-eligible appointment may apply for promotion to associate professor without making a simultaneous application for tenure. No minimum time in rank is required for promotion to professor.

Replaces: 3339-7-03

Effective: 9/17/2010
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 10/14/2005, 11/14/2009, 9/17/2010

3339-7-04 Definitions.

(A) Definition of terms

(1) "High-quality teaching and academic advising" is defined as meaning that the person has demonstrated the following:

(a) Proficiency in classroom instruction

(i) Through the discharge of such responsibilities as: meeting scheduled classes on time; being prepared for each class; being able to present material clearly; integrating new developments in the field and new methods of instruction; and

(ii) Through continuing evidence of favorable teaching evaluation.

(b) Maintenance of regularly scheduled office hours and an interest in students indicated by availability for conferences, or one-to-one contact, etc.

(c) Commitment to good teaching and maintenance of a continuing effort to improve teaching ability.

(d) Participation in scholarly discussion on teaching problems.

(e) Initiative and skill in the development and administration of teaching programs.

(f) Satisfactory fulfillment of academic advising responsibilities.

(2) "Research, scholarly and/or creative achievement of high quality and its prospective continuation" is defined as meaning that a person has developed and formally presented through publication, performance, or other appropriate means a sustainable body of research, scholarship and/or creative work that is judged to be substantive and of high quality by others in the discipline.

(3) "Productive professional service" is defined as the effective engagement in structured activities which contribute to the operation and advancement of a person's department, division, campus, the university, scholarly and professional associations, and/or the educational enterprise. Professional service includes the use of one's professional expertise in community, state, national or international service.

(4) "Professional collegiality" is not personal congeniality, but rather a quality manifested, for example, by behaviors such as willingness to serve on committees and perform work necessary to departmental operation, willingness to provide guidance and help to colleagues in their professional duties, adherence to professional ethics, respect for the ideas of others, and the conduct of one's professional life without prejudice toward others.

While departments, divisions, or campuses may define these terms or elaborate these definitions in their statements of procedures and policies, all elaborations must be consistent in spirit and content with the above and must be published. The department, the department chair, the program director (when appropriate), the divisional dean, the university promotion and tenure committee, the provost, and the president will consider these elaborative definitions when making tenure and promotion decisions.

(B) Senior instructor (tenure-eligible rank)

A senior instructor must hold a master's degree, or the equivalent of such a degree, from an accredited college or university. Promotion to senior instructor may not be considered until a person has taught full time at Miami university for at least three years. This rank is used rarely and only in extraordinary situations.

For promotion to this rank, a candidate must have:

(1) Demonstrated excellence and extraordinary competence as a teacher; and

(2) Made contributions either in scholarship or in service to the university that justify a continuing appointment;

(3) Demonstrated professional collegiality within the department, division, campuses, and university community.

(C) Assistant professor (tenure-eligible rank)

An assistant professor must hold an earned doctorate or other terminal degree, or the equivalent of such a degree, from an accredited college or university. (It is recognized that the equivalent of a doctor's degree may involve specialized training, study or experience that does not culminate in a doctorate.)

For appointment to this rank, a candidate must demonstrate:

(1) Ability to achieve effectiveness as a teacher and academic adviser;

(2) Ability to do research, scholarly and/or creative achievement;

(3) Ability to perform productive professional service; and

(4) Ability to meet standards of professional collegiality.

(D) Associate professor (tenure-eligible rank)

An associate professor must hold an earned doctorate or other terminal degree, or the equivalent of such a degree, from an accredited college or university. (It is recognized that the equivalent of a doctor's degree may involve specialized training, study, or experience that does not culminate in a doctorate.)

For appointment or promotion to this rank, a candidate must demonstrate:

(1) High-quality teaching and academic advising;

(2) Research, scholarly and/or creative achievement of high quality and its prospective continuation;

(3) Productive professional service; and

(4) Professional collegiality within the department, division, campuses, and university community.

(E) Professor (tenure-eligible rank)

Appointment or promotion to the rank of professor at Miami university will ordinarily be recommended to the board of trustees only for those members of the instructional staff who will enhance the excellence of this group and the academic standard of the university.

A professor must hold an earned doctorate or other terminal degree, or the equivalent of such a degree, from an accredited college or university. (It is recognized that the equivalent of a doctor's degree may involve specialized training, study, or experience that does not culminate in a doctorate.)

For appointment or promotion to this rank, a candidate must demonstrate excellence in the first and second criteria listed below and must demonstrate strength in the third:

(1) A cumulative record of high-quality teaching and academic advising;

(2) A cumulative record of research, scholarly and/or creative achievement which has resulted in an established reputation within the discipline;

(3) Performance of productive professional service.

Regional campus faculty may elect to demonstrate excellence in the first and third criteria and demonstrate strength in the second.

Effective: 11/5/2015
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 10/24/1986, 9/30/2000, 10/31/2002, 11/07/2003, 3/21/2005, 10/14/2005, 10/31/2006, 11/14/2009, 9/17/2010

3339-7-05 Annual review of probationary members of the instructional staff.

(A) Each department will establish a committee to initiate tenure recommendations. The membership of this committee is to be determined by the department. In each year of the probationary period, the instructional staff member submits to the department a report of professional activities that addresses the tenure criteria. Subsequently, the department chair or program director (when appropriate), after consultation with the department tenure committee, prepares an annual written evaluation of the member's accomplishments; an evaluation that will provide an assessment of the member's progress toward tenure, including strengths and weaknesses and specific recommendations for improvement. The evaluation prepared by the department chair or program director (when appropriate) must be reviewed and formally acknowledged by the department tenure committee, , and the probationer before forwarding to the dean, so that errors of fact and omission might be eliminated. Tenure eligible faculty with a dual appointment must elect their tenure initiating department and division (Oxford or regional) by December 31, 2016. The initiating department and division will be responsible for preparing the annual evaluation. The evaluation must be reviewed and formally acknowledged by both the Oxford and regional deans.

(B) Concerns regarding professional collegiality should be shared as promptly as possible with the person whose behavior is questioned. Notice of uncollegiality must be given to that person in writing no later than his or her next annual evaluation after occurrence of the behavior considered uncollegial.

(C) In the event the tenure committee's evaluation differs from that of the chair or program director (when appropriate), the tenure committee shall forward its evaluation to the probationer, with a copy to the dean of the regional campuses (when appropriate). Such evaluations are subsequently reviewed by the dean, and then officially transmitted to the probationer. Whenever the dean's evaluation differs from that of the department chair, the program director (when appropriate) or the department tenure committee, the dean must so inform the staff member, the chair, the program director (when appropriate), the committee, and the dean of the regional campuses (when appropriate), in writing, citing the basis for the judgment.

(D) In the third year of qualifying service, the department tenure committee will also prepare a separate written evaluation of the instructional staff member's progress toward tenure, including strengths and weaknesses and specific recommendations for improvement, and share that evaluation with the probationer and the department chair or program director (when appropriate). The chair or program director (when appropriate) will also write an evaluation of the probationer's progress toward tenure.

(E) The provost reviews the evaluations in the third, fourth, and fifth years of a candidate's probationary period. Whenever the provost's evaluation differs from what has already been recorded, this judgment, with reasons, will be reported in writing to the candidate, the department tenure committee, the department chair, the program director (when appropriate), and the dean. The complete documentation should also be distributed to the dean of the regional campuses (when appropriate).

(F) Early in the candidate's final year of probationary service, the department tenure committee undertakes a review of his or her cumulative professional record and makes a positive or negative recommendation for tenure to the department chair or program director (when appropriate). After receiving the department tenure committee's recommendation, the department chair or program director (when appropriate) makes a positive or negative recommendation. The candidate's application is then advanced to the dean, who makes a positive or negative recommendation. The university promotion and tenure committee then considers all candidates who have received a positive recommendation from the department committee, the department chair, the program director (when appropriate), or the dean. Candidates who receive a positive recommendation from the university promotion and tenure committee are advanced to the provost for consideration. Candidates who receive the provost's positive recommendation are advanced to the president. Candidates receiving the positive recommendation of the president are advanced to the board of trustees for final action.

Effective: 11/3/2016
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 10/14/2005, 10/31/2006, 11/14/2009, 9/17/2010, 10/14/2011, 9/13/2012, 9/12/2013

3339-7-06 Tenure and time.

(A) Probationary period

(1) Unless otherwise permitted by these policies, all members of the instructional staff holding an appointment with a tenure-eligible rank ordinarily serve a probationary period of six years at Miami university. In unusual circumstances the president, upon recommendation of the department, the department chair, the program director (when appropriate), the dean of the regional campuses (when appropriate), the dean, and the provost, may waive the probationary period and recommend tenure for a person being appointed to the rank of associate professor or professor. For a person who begins Miami service after the start of an academic year, the time counted toward the probationary period shall begin at the start of the person's first full academic year of service.

(2) A person is usually considered for tenure in the last year of the prescribed probationary period. Upon application by the candidate and with the permission of the department, the department chair, the program director (when appropriate), the dean of the regional campuses (when appropriate), the dean and the provost, candidates may choose to waive part of their probationary period and come up for tenure before the beginning of the sixth year. A person may be considered for tenure only once (except as permitted by paragraph (C) of rule 3339-7-09 of the Administrative Code. A leave of one year or less will count as part of the probationary period unless the candidate, the department, the department chair, the program director (when appropriate), the dean of the regional campuses (when appropriate), the dean, and the provost agree in writing at the time the leave is granted to an exception to this provision.

(B) Credit towards probationary period

(1) At the time of hiring in a tenure-eligible position, a person may be accorded, upon agreement of the provost, the dean, the dean of the regional campuses (when appropriate), the department chair, the program director (when appropriate), and the department, credit toward the six-year probationary period. This credit must be noted in the original appointment letter. Normally, a person may receive up to two years' credit toward tenure. Only in exceptional circumstances may more credit be granted. However, by mutual agreement of the department, the department chair, the program director (when appropriate), the dean of the regional campuses (when appropriate), and the instructional staff member, and with the written approval of the dean and the provost, this grant of credit or a portion thereof may be rescinded subsequently during the probationary period. Fulltime service in a different Miami department or an earlier discontinuous period of fulltime Miami service may be credited in the same way as fulltime service at other institutions.

(2) Although tenure may be conferred only upon someone in a tenure-eligible rank, up to two years for fulltime Miami service in a nontenure-eligible position will be credited toward the probationary period. However, at the time of appointment to a tenure-eligible rank, by mutual agreement of the department, the department chair, the program director (when appropriate), the regional campus dean (when appropriate), the dean, the provost, and the candidate, the candidate may waive the crediting of all or a portion of service in a nontenure-eligible position toward the probationary period.

(C) Stopping the tenure clock

(1) A one-year extension of the probationary period will be granted by the provost upon request of a probationary faculty member who

(a) Has or shares primary responsibility for the care of an infant or a newly-adopted child under age five, and who must commit substantial portions of time to this care;

(b) Faces similar responsibilities associated with a serious health condition of another person; or

(c) Has a serious health condition.

This extension may be granted whether or not sick leave, personal leave, or family and medical leave has been taken. Written requests for such extensions must be made within two years of the birth, adoption, or serious health condition

(2) There may be other circumstances that require substantial amounts of time or produce excessive stress that would justify extending the probationary period for one year. Examples of such circumstances include (but are not limited to) the disruption of research facilities or the interruption of research for foreign teaching assignments. In such cases, the probationary faculty member may apply in writing to the provost, who in consultation with the department tenure committee, the department chair, the program director (when appropriate), the dean of the regional campuses (when appropriate), and the divisional dean, will determine whether such an extension should be granted. Any such request for an extension must be made within one year of the occurrence of the circumstance.

(3) There is normally a limit of one such extension of any type during the probationary period. A person may, however, request a second extension through the provost.

(4) The maximum number of years of extension to the probationary period is two.

Replaces: 3339-7-06

Effective: 9/17/2010
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 10/14/2005, 10/31/2006, 11/14/2009, 9/17/2010

3339-7-07 Criteria for tenure.

In order to secure and retain an exemplary faculty, the following all-university criteria, as demonstrated by suitable evidence, shall be used to make tenure recommendations:

(A) High-quality teaching and academic advising;

(B) Research, scholarly and/or creative achievement of high quality and its prospective continuation;

(C) Productive professional service; and,

(D) Professional collegiality within the department, division, campuses, and university community.

The usual emphasis, in descending order of significance, in paragraphs (A) to (D) of this rule shall be: high-quality teaching and academic advising, a record of research, scholarly and/or creative achievement of high quality and its prospective continuation; productive professional service; and professional collegiality. The university places importance on both teaching and research, scholarly and/or creative achievement. Neither aspect of a candidate's career should be neglected if tenure is to be achieved.

For regional campus faculty, the usual emphasis, in descending order of significance, shall be: high-quality teaching and academic advising; productive professional service; a record of research, scholarly and/or creative achievement of high quality and its prospective continuation; and professional collegiality.

If the emphasis is to differ from the, order listed at the beginning of a candidate's probationary period, or when there is a significant change in the candidate's assigned responsibilities, the department, the department chair, the program director (when appropriate), the dean, the dean of the regional campuses (when appropriate), the provost and the candidate shall agree in writing upon the relative importance to be attached to each of the listed criteria.

The criteria applied to tenure recommendations are normally the criteria in force at the time the application is considered. In cases where new specifically-stated criteria have been adopted since a candidate was first appointed to a tenure-eligible position at Miami, the candidate has the option of being judged by the criteria in force at the time of appointment.

Replaces: 3339-7-07

Effective: 9/17/2010
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 10/14/2005, 10/31/2006, 11/14/2009, 9/17/2010

3339-7-08 The tenure and promotion process.

For the policy regarding eligibility to participate in the tenure and promotion process, see rule 3339-3-15 of the Administrative Code.

(A) Candidate's preparation of tenure and promotion materials

Individuals in their final probationary year and other members of the instructional staff who wish to be considered for promotion are responsible for assembling and submitting a dossier of relevant supporting materials (the application). Candidates may solicit suggestions from the department chair or program director (when appropriate) as to appropriate materials. The "promotion and tenure guidelines for dossier preparation" are reviewed and approved each year by university senate.

(B) Departmental evaluation

To evaluate candidates seeking tenure, members of the promotion and tenure committee must hold the rank of associate or professor with tenure. To evaluate candidates seeking promotion to professor, members of the promotion committee must hold the rank of professor with tenure. Lecturers and clinical/professionally licensed faculty may not vote in matters involving the promotion and/or tenure of faculty in tenure-eligible ranks.

There shall be a minimum of three members on the promotion and tenure committee. If a committee has fewer than three members, a process for selecting additional faculty from an appropriate cognate area shall be established by the department or academic division

After receiving the positive or negative recommendation of the department tenure or promotion committee, the department chair makes a positive or negative recommendation on the application to the divisional dean. The department's recommendation to the dean may be a joint report of the committee and the department chair or program director (when appropriate). However, if the recommendations of the committee and the department chair or program director (when appropriate) differ, both are transmitted to the dean. The promotion and tenures guidelines for dossier preparation is reviewed and approved each year by university senate.

(C) Divisional evaluation

The faculty of each division may develop procedures for divisional handling of tenure and promotion matters. The dean of the division is responsible for making a positive or negative recommendation on each application for tenure or promotion. If the dean's recommendation differs from the department chair's, the program director's (when appropriate), or the department committee's, the dean will discuss the case with the department chair the program director (when appropriate),or the committee(as appropriate) prior to the university promotion and tenure committee meeting.

(D) University promotion and tenure committee evaluation

The committee consists of the provost as chair, the deans of the academic divisions, the graduate dean, the dean of the regional campuses, and six tenured members of the instructional staff (at least one of whom is based on a regional campus) appointed by the president as members for staggered three-year terms. This committee considers all candidates who have received a positive recommendation on their application from the department committee, or the department chair, the program director (when appropriate), or the dean. The candidate's application, the departmental or program (when appropriate) recommendation(s), and the dean's recommendation shall all be forwarded to the university promotion and tenure committee.

(E) Provost, president, and board of trustees evaluation

Candidates who receive a positive recommendation from the university promotion and tenure committee are advanced to the provost for consideration. Candidates who receive a positive recommendation from the provost are advanced to the president for consideration. Candidates who have the positive recommendation of the president are advanced to the board of trustees. Final action is taken by the board of trustees. If granted, tenure and/or promotion is conferred effective the next July first and is not specific to a given campus.

(F) Procedure when a negative tenure recommendation is about to be made

In the event any individual or committee is about to make a negative tenure recommendation, the annual written evaluations described in rule 3339-7-05 of the Administrative Code, annual review of probationary members of the instructional staff, will be reviewed by the individual or committee and appended to the candidate's tenure application.

(G) Notification of recommendation by any individual or committee

A candidate who receives a positive recommendation is notified as soon as possible.

A candidate who receives a negative recommendation is notified in writing with a statement of reasons for the negative recommendation. This written statement of reasons, which becomes part of the record, must be given no later than ten working days from the date the negative recommendation is made.

(H) Effect of degree completion on promotion

No promotion is effected solely by the completion of a degree. In those cases where an individual's appointment letter offers a rank contingent upon the completion of a degree, rank will be assigned as of the first day of the first regular academic term following award of the degree or the next July first, whichever is earlier.

Effective: 9/13/2012
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 10/14/05, 10/31/06, 11/14/09, 9/17/10, 10/14/11

3339-7-09 Rights of a candidate who has received a negative recommendation or been denied tenure or promotion.

(A) Reconsideration

Within ten working days of receipt of the written statement of reasons, the candidate may request, in writing, reconsideration from the person or committee that rendered the negative recommendation. Reconsideration is on the merits of the case.

The candidate may respond, in writing, to the written statement of reasons prior to reconsideration. The candidate's response to the written statement of reasons must be submitted no later than ten working days from the date of the request for reconsideration. Reconsideration shall be completed within ten working days of the receipt of the candidate's response or, if no written response is given, within twenty working days for the request for reconsideration.

A candidate who is given a positive recommendation upon reconsideration is notified as soon as possible. A candidate who is given a negative recommendation upon reconsideration is notified, in writing, with a statement of reasons for the negative recommendation. This written statement of reasons must be given no later than ten working days from the date the negative recommendation was made.

The original application, written statement of reasons for the negative recommendation, request for reconsideration, candidate's response to the written statement of reasons, and recommendation upon reconsideration, including the written statement of reasons, if any, become part of the record.

(B) Appeal of denials

Any candidate whose application for tenure or promotion has been denied has the right to appeal to the committee on faculty rights and responsibilities and, subsequently, to the president under paragraphs (E) and (H) of rule 3339-8-01 of the Administrative Code. The basis for the appeal must be an alleged procedural error or inequitable treatment.

The candidate must appeal, in writing, to the committee on faculty rights and responsibilities within fifteen working days of the last date of the consideration or reconsideration that resulted in the denial of the candidate's application for tenure or promotion. The written notice of appeal shall state the basis for the appeal and shall be addressed to the committee on faculty rights and responsibilities and delivered to the office of the provost.

Appeals will be heard by the committee on faculty rights and responsibilities under one of the options described in the paragraph (E) of rule 3339-8-01 of the Administrative Code. The decision of the committee on faculty rights and responsibilities may be appealed to the president under paragraph (H) of rule 3339-8-01 of the Administrative Code. The provisions of paragraphs (F), (G), and (J) of rule 3339-8-01 of the Administrative Code apply to all appeals of tenure or promotion denials.

The committee on faculty rights and responsibilities does not make a judgment on the merits of a candidate's performance, except insofar as a judgment may be implied in a finding of inequitable treatment. Thus, the committee will not make any findings about the ultimate viability of a candidate's application for tenure or promotion.

Appeals may also be based on allegations of discrimination, in which case they are covered by the university's policy prohibiting harassment and discrimination, rule 3339-3-06 of the Administrative Code. The basis for such an appeal would be discrimination based on sex (including sexual harassment, sexual violence, sexual misconduct, domestic violence, dating violence, or stalking), race, color, religion, national origin, disability, age, sexual orientation, gender identity, pregnancy, military status, or veteran status. Appeals alleging discrimination should be presented, in writing, to the office of equity and equal opportunity. Candidates are urged to file such appeals within fifteen working days of the last date of the consideration or reconsideration that resulted in the denial of the candidate's application for tenure or promotion; such appeals must be filed with the office of equity and equal opportunity within three hundred calendar days.

When appeals based on discrimination in the tenure or promotion process are filed, there shall be coordination, as appropriate, among the office of equity and equal opportunity, the committee on faculty rights and responsibilities, and the office of the provost.

(C) Presidential directive that tenure be considered the following year

In unusual circumstances, the president may direct that a candidate who has failed to achieve tenure be considered during the following academic year. In the event such consideration is directed, a previous positive recommendation for tenure by a committee or person can be reversed by the committee or individual only on the basis of a deteriorating performance or the discovery of evidence not previously available as it relates to the criteria applicable at the time the original tenure recommendation was made.

(D) Deadlines

The deadlines specified in paragraphs (A) and (B) of this rule may be extended by the provost. The running of any time period specified in these procedures will be suspended during thanksgiving recess, winter recess, spring recess, and the interval between the end of final examinations for spring semester and the date on which faculty are required to report for the ensuing fall semester.

Effective: 11/3/2016
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 10/31/2002, 3/21/2005, 10/14/2005, 9/12/2013

3339-7-10 Failure to attain tenure.

If a probationary faculty member is not granted tenure during the final year of the probationary period, his or her Miami service will be terminated no later than the end of the following academic year. Reconsideration and appeal procedures do not extend the date of termination of employment.

Replaces: 3339-7-10

Effective: 3/21/2005
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 10/14/2005

3339-7-11 Nontenure-eligible instructional staff positions.

Appointments to nontenure-eligible instructional staff positions are made on an academic year basis. A person in a nontenure-eligible instructional staff position is eligible to receive, but not entitled to expect, renewal of appointments. No person shall serve more than five years in a fulltime, nontenure-eligible instructional staff position except for those appointed as lecturers or as clinical/professionally licensed faculty. Appointments to nontenure-eligible instructional staff positions are subject to renewal at the will of Miami university. Persons whose appointments are not being renewed are entitled to notice of nonrenewal on or before February first.

(A) Instructor

(1) An instructor must:

(a) Hold a master's degree from an accredited college or university or the equivalent thereof, or a bachelor's degree from an accredited college or university with specialized training or experience beyond the bachelor's degree sufficient to qualify for a specialized teaching assignment; and

(b) Have evident ability or promise as a teacher.

Instructors are eligible to receive, but not entitled to expect, annual reappointment not to exceed five years.

(B) Visiting professor, visiting associate professor, visiting assistant professor

(1) These titles are used for members of the instructional staff appointed to conduct instructional work for which they are especially qualified. Visitors are eligible to receive, but not entitled to expect, annual reappointment not to exceed five years

(C) Lecturer

(1) A lecturer must:

(a) Hold a mater's degree or higher from an accredited college or university or the equivalent thereof; and

(b) Demonstrate effectiveness as a teacher and academic advisor, or have documented extraordinary experience, talent, or abilities deemed critical to fulfilling the mission of the department or program; and

(c) Be fulltime.

(2) The following additional expectations and conditions apply to the rank of lecturer:

(a) The rank of lecturer carries with it the requirement of teaching and advising as well as institutional and professional service. Lecturers should remain current in the field in which they are teaching. Research or scholarship is not part of the workload expectations. In extraordinary circumstances, with the written approval of the chair, dean, provost, and president a lecturer faculty member may be assigned research or scholarship as part of the faculty member's workload expectations.

(b) Lecturers, by virtue of the prospect that they may be associated with departments/programs for extended periods of time, should be as fully enfranchised as possible in the day-to-day life of the departments/programs with which they are affiliated.

(c) Lecturers must be evaluated annually.

(d) In the event the nonrenewal of a lecturer is under consideration, the department chair or program director (when appropriate) must first consult formally with the faculty consistent with the governance procedures of the department or program (when appropriate).

(D) Clinical/professionally licensed faculty

(1) Appointment to the position of clinical/professionally licensed faculty requires either:

(a) The approval of the provost upon the positive evaluation and recommendation of the department chair, the program director (when appropriate), and dean for a person holding a nontenure-eligible instructional staff position at Miami university;

(b) Competitive search

(2) A clinical/professionally licensed faculty must:

(a) Hold a mater's degree or higher from an accredited college or university or the equivalent thereof; and

(b) Demonstrate effectiveness as a teacher and academic advisor, or have appropriate educational background, and significant professional experience including a professional license or professional certificate/degree; and

(c) Be full time

(3) The following additional expectations and conditions apply to the rank of clinical/professionally licensed faculty:

(a) The rank of clinical/professionally licensed faculty carries with it the requirement of teaching, advising and institutional service as well as the requirement to remain current in the field in which they are teaching. Research or scholarship is not part of the workload expections. In extraordinary circumstances, with the written approval of the chair, dean, provost, and president a lecturer faculty member may be assigned research or scholarship as part of the faculty member's workload expectations.

(b) Clinical/professionally licensed faculty, by virtue of the prospect that they may be associated with departments or programs for extended periods of time, should be as fully enfranchised as possible in the day-to-day life of the departments/programs with which they are affiliated.

(c) Clinical/professionally licensed faculty must be evaluated annually.

(d) In the event the nonrenewal of a clinical/professionally licensed faculty is under consideration, the department chair or program director (when appropriate) must first consult formally with the faculty consistent with the governance procedures of the department/program.

(E) Number of lecturers and clinical/ professionally licensed faculty

(1) The total number of lecturers and clinical/professionally licensed faculty shall not exceed twenty percent of the total number of full-time tenured and tenure-track faculty.

(F) Promotion to senior lecturer or senior clinical/professionally licensed faculty

(1) Lecturers and clinical/professionally licensed faculty may be promoted to senior lecturer and senior clinical/professionally licensed faculty after five years in rank as a lecturer and clinical/professionally licensed faculty member.

(2) Faculty who wish to be considered for promotion are responsible for assembling and submitting a dossier of accomplishments and relevant supporting materials to their department or program (when appropriate). The dossier should be in accordance with the dossier guidelines for a lecturer and clinical/professionally licensed faculty member and demonstrate the following criteria:

(a) High quality teaching and academic advising

(b) Productive institutional and professional service

(c) Professional collegiality.

(d) The "Dossier & Evaluation Guidelines for Lecturers, Clinical Licensed Faculty" are reviewed and approved each year by university senate.

(3) The candidate's dossier is evaluated by the department or program (when appropriate), the chair and/or program director (when appropriate), the academic dean, and the provost or regional (LCPL) faculty with a dual appointment, the chair and dean will be the regional chair and dean.

(4) Senior lecturers and senior clinical/professionally licensed faculty will count toward the limit in those categories set in paragraph (C) and paragraph (D) of this rule.

(G) Adjunct professor, adjunct associate professor, adjunct assistant professor and adjunct instructor

(1) Professionals who volunteer to provide instructional staff services without pay on a part-time basis may be appointed with the rank of adjunct professor, adjunct associate professor, adjunct assistant professor, or adjunct instructor. The person must bring professional distinction to the department and to the division of appointment; must have demonstrated specialized competence which would enrich both students and faculty in the department or program of appointment; and be available to share his or her research, teaching, and consultative competence with the university community. A person with an adjunct rank may occasionally be paid for teaching a course, but such a role is neither expected nor ordinary. An adjunct rank will be granted only on request of departmental faculty and approved by the chair, the program director (when appropriate), the dean, and the provost. Appointment may be terminated at the will of the professor or the university.

(2) In upgrading the adjunct rank of a person, the regular promotion process is not applicable. Upon request of the department or program (when appropriate), and with the approval of the chair, the program director (when appropriate), the dean, and the provost, an adjunct rank may be upgraded.

Effective: 11/3/2016
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 3/21/2005, 10/14/2005, 10/31/2006, 10/17/2007, 11/14/2009, 9/17/2010, 10/14/2011, 3/6/2015

3339-7-12 Affiliate.

Faculty holding rank in one department may be considered for appointment to the additional title of affiliate in another department or interdepartmental program. The affiliate title is ordinarily used to recognized specific contributions on the part of the faculty member in teaching, and/or research, and/or service to a second department or interdepartmental program. The nomination for an affiliate title can be initiated only by the appropriate department of interdepartmental program, and it will be granted only on the approval of the appropriate chairs, the program director(s), the dean(s), and the provost.

The affiliate title is intended to recognize the linkage of appropriate cognate faculty to academic departments and programs. Guidelines for administering this title are as follows:

(A) Nomination for an affiliate title must be initiated by an academic department or interdepartmental program.

(B) An affiliate title may be initiated at any time. The title continues until such time as a department or interdepartmental program or the person wishes it to be removed.

(C) There is no limit to the number of affiliate titles a faculty member may hold.

(D) The affiliate rank (i.e., assistant, associate, full) shall be at the same rank as that held in the home department.

(E) The department chair or program director (when appropriate) initiating the affiliate rank will prepare a letter outlining the expected contributions (e.g., teaching a course or courses in the program, serving as an adviser to students working on a collaborative research project, etc.) the person will make to the unit.

(F) Since the expectation is that an affiliate is making a significant contribution to the second unit, the chair or director of the home department or program will endorse the letter requesting affiliate rank and will indicate how the affiliate's responsibilities to the home unit have been adjusted to accommodate the person's new activities. These letters are then forwarded to the appropriate dean(s) and then to the provost for approval.

Replaces: 3339-7-12

Effective: 11/14/2009
Promulgated Under: 111.15
Statutory Authority: 3339.01
Rule Amplifies: 3339.01
Prior Effective Dates: 3/21/2005, 10/14/2005, 11/14/2009