Chapter 3344-12 | Personnel Policies

Rule 3344-12-01 | Personnel policies for persons with special faculty status.

• Effective: October 10, 2016
• Promulgated Under: 111.15

(A) Definitions.

The following are definitions of key words and phrases used in rules 3344-12-01 to 3344-12-10 of the Administrative Code.

(1) Part-time single term instructors"

Part-time single term instructors are qualified teachers who receive contracts extending over one academic term, during which time they render specified services (e.g., teach a particular course) for specified remuneration. Their service shall be considered to be part time.

(2) "Adjunct faculty"

Adjunct faculty are appointed to this status on a continuing basis by the provost. Nominations for appointment to adjunct faculty status shall be made by joint recommendation of a peer review committee or its equivalent and a department chairperson. The dean forwards the recommended nominations to the provost. Their services to the university and remuneration shall be determined by mutual agreement in accord with circumstances at a given time, and their service shall be considered part time.

(3) "College lecturers"

College lecturer teaching appointments are full-time appointments made by the dean, with the approval of the provost. Subject to provisions of the CSU-AAUP collective bargaining agreement, these appointments may be renewed indefinitely by the dean, with the approval of the provost. The ranks of lecturer faculty are assistant, associate, or senior college lecturer. For purposes of this rule, the term "lecturer" (without a modifier) is used collectively to refer to all three categories. College lecturers shall become members of the CSU-AAUP faculty collective bargaining unit if they are reappointed after the initial fourth year review process referenced in the CSU-AAUP collective bargaining agreement. Neither the initial appointment, nor any renewals thereof, however, leads to or grants tenure.

(4) "College of law clinical professors and legal writing professors"

Clinical professors and legal writing professors in the college of law are full-time faculty, appointed as follows: Clinical professors and legal writing professors shall be appointed initially by the dean of the college of law, with the approval of the provost and the university president, for a period of one academic year with renewal for one-year periods. After the completion of at least five one-year appointments, clinical professors and legal writing professors may be appointed to renewable five-year appointments by the university president, upon recommendation of the provost and the dean of the college of law. Neither the initial appointment, nor any renewals, shall lead to or grant tenure or promotion. (See rule 3344-12-06 of the Administrative Code for policies pertaining to college of law clinical professors and writing professors.)

(5) "Professor of practice"

Professor of practice teaching appointments are full-time appointments made by the dean, with the approval of the provost. Subject to the provisions of the CSU-AAUP collective bargaining agreement, these appointments may be renewed indefinitely by the dean, with the approval of the provost. The ranks of professor of practice faculty are assistant, associate or full. The initial appointment as assistant requires an appropriate graduate degree and ten years of professional experience. In addition to these qualifications, associate professors of practice and professors of practice are required to have appropriate terminal degrees. Neither the initial appointment, nor any renewals thereof, leads to or grants tenure.

(6) "Research faculty"

(a) This category of faculty may be appointed to any department/school or college based on external funding. The function of research faculty members is to dedicate their full professional commitment to research (and associated educational activities) in their academic unit under the terms of the external grant or contract which provides their support. The salary, fringe benefits and indirect costs for these positions shall be paid from a grant, contract, or other soft money source.

(b) Research faculty ranks are: research assistant professor, research associate professor, and research professor. A research faculty member becomes a member of the CSU-AAUP collective bargaining unit after the faculty member completes six consecutive and complete academic years of service as a research faculty member. Neither the initial appointment of a research faculty member or any renewal thereof leads to the award of tenure.

(7) "Visiting faculty"

An appointment on a full-time but temporary basis in any faculty rank for one year, renewable for one additional year for a total of two years, whether consecutive or not. Persons holding such appointments shall not be eligible for tenure status or promotion, nor shall they be entitled to receive successive annual contracts nor any notice that their appointment shall not be continued. Persons holding such appointments may seek faculty status through appointment to the professorial ranks set forth in rule 3344-11-02 of the Administrative Code and according to the procedure set forth in this rule and paragraph (B) of rule 3344-11-03 of the Administrative Code if they satisfy the criteria of such appointment as set forth in paragraph (A) of rule 3344-11-03 of the Administrative Code.

(8) "Emeritus and emerita faculty"

Emeritus and emerita faculty statuses are distinct honors that may be conferred upon outstanding retiring faculty members by the board of trustees. They shall have the titles professor emeritus/emerita, associate professor emeritus/emerita and, in the college of law, the titles of clinical professor emeritus/emerita or legal writing professor emeritus/emerita.

(9) "Special status faculty"

Special status faculty are persons possessing one of the faculty titles listed in paragraphs (A)(1) to (A)(5) of this rule and rule 3344-12-06 of the Administrative Code. With the exception of cooperative education coordinators and Cleveland state university students who are engaged as teaching assistants or fellows on a part-time basis, no person may teach courses for credit at Cleveland state university without regular faculty status (defined in paragraph (A) of rule 3344-11-02 of the Administrative Code) or one of the titles included in paragraphs (A)(1) to (A)(5) of this rule and rule 3344-12-06 of the Administrative Code.

(10) "Appointment"

In rules 3344-12-01 to 3344-12-08 of the Administrative Code, appointment shall mean the admission to any of the classes of special faculty status (paragraphs (A)(1) to (A)(8) of this rule) or to regular faculty status.

Supplemental Information

Authorized By: 111.15
Amplifies: 3344

Rule 3344-12-02 | General policies for persons with special non-bargaining faculty status.

• Effective: April 20, 2014
• Promulgated Under: 111.15

(A) Academic freedom and tenure.

Tenure status is not conferred upon any persons who have special faculty status (i.e. those designated in paragraphs (A)(1) to (A)(5) of rule 3344-12-01 and rule 3344-12-06 of the Administrative Code. They shall, nevertheless, be entitled to full academic freedom in such teaching and research as they may be doing under the aegis of the university.

(B) Professional ethics and academic responsibility.

When persons with special faculty status teach at the university or engage in research which involves students at the university, they should be guided by attachment B to rule 3344-11-14 of the Administrative Code, "A Statement of Professional Ethics and Academic Responsibility."

(C) Institutional due process.

As a principle, the university shall operate in such a way that special faculty shall enjoy freedom from arbitrary or discriminatory treatment. Special status faculty who believe they have not received fair treatment may request a hearing before the department faculty with appeal possible to the appropriate college faculty hearing committee.

Supplemental Information

Authorized By: 111.15
Amplifies: 3344

Rule 3344-12-03 | Policies pertaining to part-time single term instructors.

• Effective: October 10, 2016
• Promulgated Under: 111.15

(A) Qualifications.

Except in rare cases where an exception can be justified on academic grounds, a part-time single term instructor shall possess at least a master's degree or its equivalent in the field in which the faculty member is engaged to teach. Continuation of an appointee's services during successive (not necessarily consecutive) academic terms requires satisfactory teaching evaluations.

(B) Procedures for awarding teaching contracts to part-time single term instructor.

Candidates for positions as part-time single term instructor shall be recruited or assembled in accordance with university general employment guidelines. Department faculties (or colleges) may assign to an appropriate peer review committee or its equivalent (paragraph (I) of rule 3344-11-02 of the Administrative Code) the responsibility to review the qualifications of persons to be engaged as part-time instructors. The department chair or dean shall have discretionary authority to engage a particular part-time single term instructor for two academic semesters. Reappointment beyond the second semester is contingent upon evaluation of teaching competency.

(C) Tenure exclusion.

Service as a part-time single term instructor does not accrue tenure rights. Part-time single term instructors serve by the mutual agreement expressed in each successive contract executed and are engaged to teach at the convenience of the university.

(D) Limitation of service.

A part-time single term instructor shall not have teaching responsibilities exceeding nine credit hours per semester, and no other responsibilities such as accrue to full-time faculty.

(E) Privileges and responsibilities.

Part-time single term instructors have the same right as regular status faculty members to attend appropriate faculty meetings, whether these are committee, departmental, college, faculty senate, or university faculty meetings, and within the requirements of good order, to debate issues.

(F) Non-renewal.

Appointment to part-time single term instructor status is predicated upon the mutual benefit derived for the university and the person appointed, especially including the opportunity for a person with special expertise to provide valued services to the profession and the community by sharing knowledge and collaborating in the search for knowledge. The appointment may not be renewed for the subsequent semester by the part-time single term instructor or the university when, in the judgment of either party, the appointment is no longer mutually beneficial.

Supplemental Information

Authorized By: 111.15
Amplifies: 3344

Rule 3344-12-04 | Policies pertaining to college lecturers.

• Effective: April 20, 2014
• Promulgated Under: 111.15

Paragraph (A)(2) of rule 3344-12-01 of the Administrative Code contains certain policies pertaining to college lecturers.

Supplemental Information

Authorized By: 111.15
Amplifies: 3344

Rule 3344-12-05 | Policies pertaining to clinical professors.

• Effective: October 10, 2016
• Promulgated Under: 111.15

A clinical faculty member is one who hold at least a master's degree in a professional discipline and who is an expert practitioner of that discipline. This category of faculty shall be limited in number and to selected departments subject to the provisions of the current CSU-AAUP collective bargaining unit. Eligibility for the clinical professor rank requires an appropriate terminal degree. Clinical faculty shall be members of the CSU-AAUP collective bargaining unit and are eligible for tenure.

Supplemental Information

Authorized By: 111.15
Amplifies: 3344
Prior Effective Dates: 4/20/2014

Rule 3344-12-06 | Policies pertaining to college of law clinical professors and legal writing professors.

• Effective: April 20, 2014
• Promulgated Under: 111.15

College of law clinical professors and legal writing professors shall be appointed initially, by the dean of the college of law, with the approval of the provost and the university president, for a period of one academic year with renewal for one-year periods. After the completion of at least five one-year appointments, clinical professors and legal writing professors may be appointed to renewable five-year appointments by the university president, upon recommendation of the provost and the dean of the college of law. Neither the initial appointment, nor any renewals, shall lead to or grant tenure or promotion. The initial appointment and all renewals shall be pursuant to policies contained in paragraph (A) of this rule and procedures adopted by the college of law and approved by the provost.

(A) Procedures for appointment.

(1) Initial appointment.

Prior to an initial appointment of a clinical professor or legal writing professor, a special search committee appointed by the dean of the college of law shall convene to recommend candidates to the dean of the college of law, who will make an appointment with the approval of the provost and the university president.

(2) Subsequent yearly appointments.

Subsequent yearly appointments shall be made by the dean of the college of law after consultation with the appointee's program director (where applicable).

(3) Notice of non-renewal.

A notice of non-renewal of a clinical professor or a legal writing professor during the initial five years of service shall be in writing and in accordance with university policy governing non-bargaining unit faculty.

(4) Five-year appointments.

(a) A clinical professor or legal writing professor is eligible to apply for an initial five-year appointment at the beginning of the fifth one-year appointments and shall, as a condition of employment beyond the current appointment, apply for a five-year appointment during the fifth yearly appointment. A clinical professor or legal writing professor who is not awarded a five-year appointment or renewal may continue to teach under one additional yearly appointment during which the faculty member shall not be eligible to apply for a five-year appointment.

(b) The award of a five-year appointment to a faculty member carries the presumption of successive five-year appointments. Faculty members awarded five-year appointments shall be denied successive five-year appointments only for just cause, or the material modification of the program in which the faculty member teaches, or a declaration of financial exigency.

(c) The standards and procedures governing the review and appointment process shall be maintained on file by the college of law and the provost.

(d) Nothing within these provisions shall prevent the dean of the college of law from recommending to the president and the provost an initial five-year appointment for the retention of a director of legal writing provided the director meets the qualifications for a five-year appointment except for the time of service at Cleveland state university provision.

(5) Termination of five-year appointment.

During a five-year appointment a clinical professor or a legal writing professor may be terminated for just cause, the termination or material modification of the clinical or legal writing program in which the faculty member teaches, or a declaration of financial exigency. Termination proceedings shall be in accordance with university policy governing non-bargaining unit faculty.

(B) Privileges and responsibilities.

(1) A clinical professor's primary obligation shall be to supervise students in one or more of the college of law's clinical courses. Clinical professors may teach other courses or undertake other administrative duties at the college of law. A legal writing professor's primary obligations shall be to teach in the college of law's legal writing and research curriculum, which shall include, but is not limited to, first year and upper level legal writing and research courses. Legal writing professors may teach other courses or undertake other administrative duties at the college of law.

(2) Clinical professors and legal writing professors shall serve on college of law faculty committees at the discretion of the dean of the college of law. These faculty members shall not be eligible to vote on any tenure-related or promotion-related issues. Clinical professors and legal writing professors shall participate in the governance of the college of law to the extent provided in policies adopted by the college of law and shall be afforded noncompensatory perquisites reasonably similar to those provided other full-time faculty members.

(3) Clinical professors and legal writing professors shall be eligible for emeritus status under rule 3344-12-09 of the Administrative Code with the rank of clinical professor emeritus or emerita or legal writing professor emeritus or emerita.

(C) Limitations.

Rule 3344-12-06 of Administrative Code shall apply to the college of law only and shall not set a precedent.

Supplemental Information

Authorized By: 111.15
Amplifies: 3344

Rule 3344-12-07 | Policies pertaining to adjunct professors.

• Effective: October 10, 2016
• Promulgated Under: 111.15

(A) Procedures for appointment

Nominations for appointment to adjunct faculty status shall be made by joint recommendation of a peer review committee or its equivalent and a department chairperson. Nominations recommended by the dean shall be forwarded by him or her to the provost who shall appoint all nominees acceptable to him or her. Nominations should specify the appropriate rank (assistant, associate, or full), depending on qualifications.

(B) Procedures for termination of an adjunct faculty appointment

Recommendations for the termination of an adjunct faculty member's appointment may originate with the peer review committee, the chairperson, or the dean. Whatever the origin, the committee, the chairperson, and the dean shall consider the faculty member's qualifications and make recommendations to the provost. The provost shall consider the recommendations and forward them, together with personal recommendations, to the president for action.

(C) Privileges and responsibilities

Since adjunct faculty meet essentially the same standards as regular status faculty, they may, upon mutual agreement, be assigned teaching and research duties comparable in kind to those assigned regular status faculty. Their service is considered to be part-time service; however, they shall not be assigned duties exceeding one-half of the duties of a full-time faculty member. Assignment of mutually agreed upon duties shall be at the convenience of the university. Adjunct faculty members have the same right as regular status faculty members to attend appropriate faculty meetings, whether these are committee, departmental, college, faculty senate, or university faculty meetings, and within the requirements of good order, to debate issues. They may serve on faculty committees and vote in faculty meetings only when provided for in relevant bylaws.

(D) Joint appointment

Persons may be granted joint adjunct appointments to two or more departments, colleges, or academic units through the procedures for appointment in each such department, college, or academic unit.

(E) Graduate college membership

Adjunct faculty members may be selected for and removed from the faculty of the college of graduate studies according to the procedures establish in the bylaws of the college of graduate studies.

(F) Change of status

With mutual agreement between the university and an adjunct faculty member, the adjunct faculty member may be appointed to regular faculty status, following procedures for any new appointment.

(G) Tenure rights

Service as an adjunct faculty member does not accrue tenure rights such as the accumulation of tenure probation time served.

(H) Termination

Appointment to adjunct faculty status is predicated upon the mutual benefit derived for the university and the person appointed, especially including the opportunity for a person with special expertise to provide valued services to his or her profession and the community by sharing knowledge and collaborating in the search for knowledge. The appointment may be terminated by the adjunct faculty member or the university when, in the judgment of either party, the appointment is no longer mutually beneficial.

Supplemental Information

Authorized By: 111.15
Amplifies: 3344
Prior Effective Dates: 4/20/2014

Rule 3344-12-08 | Policies pertaining to research professors.

• Effective: October 10, 2016
• Promulgated Under: 111.15

(A) Procedures for appointment.

The search process and the initial appointment shall be at the university's administration sole discretion and design. The faculty of the members of the department/school or college without departments shall approve the initial appointment only. The dean of the academic unit shall forward their recommendation regarding the appointment to the provost who shall make the final decision.

(B) Procedure and criteria for rank and promotion.

(1) Research faculty shall possess the terminal degree in accord with the applicable provisions in the current collective bargaining agreement.

(2) Minimum standards for appointment at each faculty rank, in addition to the criterion of an earned doctorate specified above:

(a) Research assistant professor. Appointment to the rank of assistant professor shall be based on evidence indicating a record of effectiveness and achievements in conducting research or creative activities.

(b) Research associate professor. Appointment or promotion to the rank of associate professor is based on evidence that the candidate possesses a sustained record of research or creative activities. In addition, the candidate shall demonstrate independence in the attainment of funding.

(c) Research professor. Appointment or promotion to the rank of professor is based on evidence of an outstanding record as a scholar or creative artist. In addition, the candidate shall be self-funded.

(3) An individual seeking promotion shall submit a dossier for evaluation by the appropriate peer review committee. ("PRC") (the departmental PRC in colleges which have opted for departmental peer review or the college PRC in colleges which do not use department PRCs) demonstrating how the candidate satisfies the criteria for promotion. The appropriate PRC shall solicit a letter of evaluation and recommendation from the principal investigator(s) of the grant(s) supporting the candidate. The departmental PRC in colleges, which have opted for departmental peer review, the department chair/school director, and the college PRC committee shall review the dossier and advise the dean on the promotion. The dean shall forward their recommendation to the provost, who makes the decision on whether to promote the candidate.

(C) Tenure rights.

Neither the initial appointment nor any renewal, thereof, leads to the award of tenure.

(D) Rights and responsibilities.

A research faculty member is not a member of the CSU-AAUP collective bargaining unit until and, unless the faculty member completes six consecutive and complete academic years of service as a research faculty member. However, at the time of the initial appointment, the following provisions of the current (August 15, 2011 through August 15, 2014) collective bargaining agreement shall apply: articles 10 and 11.1 (academic freedom), 11.2 (professional ethics), 22 (patents and copyrights), 23.3, 23.4 and 23.5 (laboratory space), and 26 (personnel files).

Supplemental Information

Authorized By: 111.15
Amplifies: 3344
Prior Effective Dates: 4/20/2014

Rule 3344-12-09 | Policies pertaining to visiting faculty.

• Effective: October 10, 2016
• Promulgated Under: 111.15

(A) Qualifications.

Appointment to any visiting faculty rank may only be granted to persons who meet the corresponding standards for the regular academic rank (see paragraph (A) of rule 3344-11-03 of the Administrative Code.)

(B) Procedures for appointment.

Nomination for appointment shall be made by joint recommendation of a peer review committee or its equivalent (see paragraph (I) of rule 3344-11-02 of the Administrative Code) and a department chair if the specific academic unit is organized into departments. Accompanied by recommendations from the dean and the provost, each nomination for appointment shall be forwarded to the president who shall recommend to the board of trustees for appointment all nominees acceptable to the president.

(C) Conditions of continuing service.

Appointment to visiting faculty rank is customarily for a period of one year. Visiting faculty are not eligible for promotion in rank, although subsequent appointment to regular faculty status may be at higher rank. Since each visiting faculty member has a non-renewable one-year appointment, a termination during the contract term is really a dismissal and shall be for adequate cause (see paragraph (B) of rule 3344-11-06 of the Administrative Code) or medical reasons (see paragraph (E) of rule 3344-11-06 of the Administrative Code) and be pursuant to the procedures set forth in paragraph (C) of rule 3344-11-06 of the Administrative Code.

(D) Privileges and responsibilities.

Since visiting faculty members meet the same standards as regular status faculty, they may be assigned teaching and research duties comparable in kind to those assigned to persons holding regular faculty status. Visiting faculty members have the same rights as regular status faculty members to attend appropriate faculty meetings, whether these are committee, departmental, college, faculty senate, or university faculty meetings, and, within the requirements of good order, to debate issues. They may serve on faculty committees and vote in faculty meetings unless specifically prohibited by the relevant bylaws.

(E) Joint appointment.

Persons may be granted joint visiting faculty appointments to two or more departments, colleges, or academic units through the procedures for appointment in each such department, college, or academic unit.

(F) Graduate college membership.

Visiting faculty members may be selected for and removed from the faculty of the college of graduate studies according to the procedures established in the bylaws of the college of graduate studies.

(G) Change of status.

With mutual agreement between the university and a visiting faculty member, the visiting faculty member may be appointed to a different category of faculty status.

Supplemental Information

Authorized By: 111.15
Amplifies: 3344
Prior Effective Dates: 4/27/2014