REG 05.20.34 – Professional Faculty Ranks and Appointments

Authority: Executive Vice Chancellor and Provost

History: First Issued: December 18, 2003. Last Revised: February 18, 2020.

Related Policies:
UNC Code, Sections 602, 603, 604, 605, 607, 610, 611 
NCSU POL05.15.01 – Employees Exempt from the State Human Resources Act (EHRA) Policy 
NCSU POL05.20.01 – Appointment, Reappointment, Promotion and Permanent Tenure 
NCSU POL05.25.01 – Faculty Grievance and Non-Reappointment Review Policy 
NCSU REG01.20.01 – Delegations of Authority for Appointments, Compensation and Other Personnel Actions for Employees Exempt from the State Human Resources Act (EHRA) 
NCSU REG02.40.01 – Membership in the Graduate Faculty 
NCSU REG05.20.03 – Annual Reviews of Faculty Members
 
NCSU REG05.20.10 – Evaluation of Teaching
NCSU REG05.20.20 – Reappointment, Promotion, and Tenure Dossier Format Requirements
NCSU REG05.20.27 – Statements of Faculty Responsibilities
NCSU REG05.58.01 – Additional Compensation Paid through the University

Additional References: 
Justifying, Approving, and Documenting Instructor Qualifications
N.C.G.S. §135
Job Posting and Background Check Requirements

Contact Info: Vice Provost for Faculty Affairs (919-513-7741)


1. INTRODUCTION

The Code of the Board of Governors of the University of North Carolina (the Code) and NCSU POL05.20.01 – Appointment, Reappointment, Promotion and Permanent Tenure authorize the establishment of special faculty appointments. NC State uses the term “professional faculty” rather than “special” or “non-tenure track” faculty. This regulation addresses professional faculty contracts and appointments used at NC State, and the criteria, terms and conditions of employment.

2. ACADEMIC TENURE

2.1 Section 602 of The Code establishes academic tenure. The purpose of academic tenure is to promote and protect the academic freedom of the faculty. It also assists the University in attracting and retaining faculty members of high quality. Academic tenure refers to the conditions and guarantees that apply to a faculty member’s employment, in particular the protection from involuntary discharge from, or termination of, employment, and from imposition of serious sanctions, except upon grounds and in accordance with procedures set forth in Sections 12 and 13 of this policy.

2.2 Academic tenure is distinguished from permanent tenure in that probationary tenure-track and fixed term faculty in professional tracks have the rights and protection of academic tenure only during their contract, whereas holders of permanent tenure have the rights and protection of academic tenure until resignation, discharge, termination, retirement or death.

3. PROFESSIONAL FACULTY CONTRACTS

3.1 The university may designate professional faculty as set forth in Section 610 of The Code. Professional faculty are not eligible for consideration or conferral of permanent tenure. Professional faculty may receive a subsequent contract, which is distinguished from reappointment of a probationary tenure-track faculty member.

3.2 Whether paid or unpaid, professional faculty are not covered by Section 604 of The Code and that section does not accord them rights to additional review of a decision not to grant a subsequent contract when their contract ends. During the term of their employment, professional faculty members are entitled to seek recourse under Section 607 of The Code as set forth in NCSU POL05.25.01 – Faculty Grievance and Non-Reappointment Review Policy.

3.3 Professional faculty contracts are generally limited in duration because of (1) the purpose for which the individual is appointed, (2) the availability of funding, or (3) other valid institutional reasons.

3.4 If a professional faculty member is given a contract for a joint or interdisciplinary appointment, review processes for initial and subsequent appointments should be included in a written plan as described in NCSU POL05.20.01 – Appointment, Reappointment, Promotion and Permanent Tenure–Sections 6.3.1 or 6.3.2.  The letter of offer should include the items included in section 6.6.3 or 6.6.4 of POL05.20.01. Procedures for annual reviews and promotion in rank should be included in the written plan based on the procedures and options described in 7.2.1.3 or 7.2.1.4 of POL05.20.01 as appropriate for professional faculty contracts.  The written plan for review must be approved by the Office of the Provost.

4. PROFESSIONAL FACULTY TRACKS, RANKS, AND TITLES

4.1 Tracks with Professorial Rank

4.1.1 Full-time professional faculty with professorial rank are appointed with the expectation that they may be promoted to higher faculty ranks. Although these faculty are assigned primarily to one of the areas of faculty responsibility described below, they may also have assignments in one or more additional areas of responsibility (see NCSU REG 05.20.27 – Statements of Faculty Responsibilities).

4.1.2 Part-time professional faculty who have the qualifications for rank described in Section 5.1 may be appointed with the appropriate professorial rank. Part-time faculty with professorial rank are not eligible for promotion.

Professional faculty with professorial ranks must be in one of the following tracks. These titles can also be modified by “adjunct” (see Section 4.3).

4.1.3 Clinical: A full-time (>.75 FTE) or part-time (<.75 FTE) contract with a principal responsibility in clinical practice or clinical research. Professorial ranks in this track are Assistant Clinical Professor, Associate Clinical Professor, and Clinical Professor.

4.1.4 Extension: A full-time (>.75 FTE) or part-time (<.75 FTE) contract with a principal responsibility in extension and engagement. Professorial ranks in this track are Assistant Extension Professor, Associate Extension Professor, and Extension Professor.

4.1.5 Research: A full-time (>.75 FTE) or part-time (<.75 FTE) contract with a principal responsibility in research. Professorial ranks in this track are Assistant Research Professor, Associate Research Professor, and Research Professor.

4.1.6 Teaching: A full-time (>.75 FTE) or part-time (<.75 FTE) contract with a principal responsibility in teaching. Professorial ranks in this track are Assistant Teaching Professor, Associate Teaching Professor, and Teaching Professor.

4.1.7 Of the Practice: A full-time (> .75 FTE) or part-time (<.75 FTE) contract with a practitioner with significant experience in his or her field. Professorial ranks in this track are Assistant Professor of the Practice, Associate Professor of the Practice, and Professor of the Practice.

4.2 Lecturer Track

4.2.1 Full-time (≥0.75 FTE) or part-time (<.75 FTE) faculty who have the qualifications for rank described in Section 5.2 may be appointed with the appropriate lecturer rank. These titles can also be modified by “adjunct” (see Section 4.3).

4.2.2 Professional faculty in the lecturer track are appointed with primarily instructional responsibilities.  Ranks in this track are Lecturer and Senior Lecturer.

4.3  Other Professional Faculty Appointments

4.3.1 Adjunct

4.3.1.1 Adjunct appointments are unpaid part-time (<0.75 FTE) appointments generally held by:

(a)  a NC State employee whose primary appointment is as EHRA or SHRA non-faculty who has the qualifications for rank as set forth below in Section 5.1 or 5.2. The appointment process must follow the procedures set forth in Section 8 below.

(b) a person employed primarily outside the university who provides academic service to the university (such as teaching, service on doctoral committees, or an advisory role). Faculty from other universities will generally be given adjunct titles at the same rank they hold at their home institutions; adjunct appointments may be made to others whose degrees or professional credentials qualify them for appointment at an appropriate professorial rank in one of the tracks (see Section 5.1).

4.3.1.2    Appointments of adjunct faculty members from outside the university who do not teach NC State courses but serve in a limited capacity such as sitting on doctoral committees or acting in an advisory capacity can be made based on approval of the DVF, Department Head and (optionally) by the Dean.  These appointments should be made using a template letter provided by Human Resources; the appointment is not contingent on posting the position, background checks, transcripts, or other hiring requirements unless required for the department or program (e. g. Graduate School qualifications and requirements for members of doctoral committees).

4.3.2    Visiting

Visiting appointments are limited to faculty who are in residence at NC State and who retain their status in a position at another institution of higher education, research organization, or other entity with a significant research or educational mission. Visiting faculty from other higher education institutions will generally be appointed at the rank held at their home institution, with the rank modified by “Visiting” (e.g., “Visiting Associate Professor”). Other visiting faculty who meet the qualifications for professorial ranks in a professional track, lecturer, senior lecturer, and librarian may be appointed with these titles, also to be modified by “Visiting” (e.g., “Visiting Lecturer,” “Visiting Associate Research Professor,” “Visiting Librarian”).

4.3.3 A NC State University employee whose primary position is EHRA non-faculty who has the qualifications for rank as set forth below in Section 5 may be appointed part-time (<0.75 FTE) for pay to a professional faculty position with one of the titles listed in Sections 4.1 or 4.2. Paid appointment of a university employee must comply with NCSU REG05.58.01 – Additional Compensation Paid through the University. In no case may the employee’s FTE exceed 1.0 FTE.

4.3.4 Library employees with the title “Librarian” are professional faculty.

4.3.5 Field Faculty extension employees with titles of “Associate Agent” or “Agent” are professional faculty. Field Faculty who serve as County and District Extension Directors maintain their professional faculty appointments.

4.3.6 Federal personnel with academic rank are employed by the United States Department of Agriculture, the United States Forest Service, or similar federal agencies, are located at the university, work under the supervision of the university’s academic administration, and have been granted academic rank by the university. These Federal employees do not receive contracts and are not subject to provisions for University-employed faculty. They are not eligible for promotion or for permanent tenure and are not eligible to participate in NC State employee benefits.

5. QUALIFICATIONS FOR PROFESSIONAL FACULTY APPOINTMENTS

5.1 Professional Faculty in Tracks with Professorial Rank (Section 4.1).

5.1.1 Assistant Professor

(a) Ability or definite promise in the mutually agreed upon realms of responsibility

(b) Potential for directing activities in the mutually agreed upon realms of responsibility

(c) Ability and willingness to participate in department, college and university activities

(d) A doctor’s degree, an equivalent degree, or equivalent professional experience

5.1.2 Associate Professor

(a) Recognized ability and potential for distinction in the mutually agreed upon realms of responsibility

(b) Demonstrated ability to direct activities in the mutually agreed upon realms of responsibility

(c) Demonstrated ability and willingness to participate in department, college and university activities

(d) A doctor’s degree, an equivalent degree, or equivalent professional experience

5.1.3 Professor

(a) Distinguished achievement in the mutually agreed upon realms of responsibility

(b) Demonstrated ability to direct activities in the mutually agreed upon realms of responsibility

(c) Established reputation in the individual’s profession or field of scholarly or germane creative activity

(d) Demonstrated ability and willingness to participate in department, college and university activities

(e) A doctor’s degree, an equivalent degree, or equivalent professional experience

5.2 Professional Faculty in the Lecturer Track

5.2.1 Lecturer

(a) Ability or potential in the mutually agreed upon realms of responsibility

(b) A master’s degree, an equivalent degree, or equivalent professional experience

5.2.2 Senior Lecturer

(a) Ability or potential in the mutually agreed upon realms of responsibility

(b) A master’s degree, an equivalent degree, or equivalent professional experience

(c) At least five years college-level teaching experience

(d) Other criteria as established by departmental rules

5.3 Librarians

5.3.1 Ability or potential in the mutually agreed upon realms of responsibility

5.3.2 A master’s degree, an equivalent degree, or equivalent professional experience

5.4 Field Faculty

5.4.1  Ability or potential in the mutually agreed upon realms of responsibility

5.4.2 A master’s degree, an equivalent degree, or equivalent professional experience

5.5 In addition to qualifications required for academic rank, NC State has published guidelines for the credentials required for faculty teaching at all course levels.  For faculty who teach, departments must have documentation that each faculty member is qualified to teach the course, either based on degrees attained or alternative credentials. For these guidelines and instructions on how to document credentials, see “Justifying, Approving, and Documenting Instructor Qualifications” on the Office of the Provost website.

6. TERMS FOR INITIAL AND SUBSEQUENT CONTRACTS

6.1 Except for Visiting appointments, paid professional faculty receive fixed term contracts that may not exceed five (5) years. Subsequent contracts, with terms of service not to exceed five (5) years, may be provided.

6.2 Unpaid professional faculty may be appointed at will or, subject to approval by the dean, may be awarded contracts for a fixed term of service that may not exceed three (3) years. Subsequent contracts, with terms of service not to exceed three (3) years, may be provided.

6.3 A Visiting faculty contract, paid or unpaid, may not exceed two (2) consecutive years. Subsequent visiting faculty contracts may be made three (3) years after the end date of the most recent visiting faculty contract.

6.4 The specified term of the contract constitutes full and timely notice of the expiration date as specified under the terms of Sections 604C, 610, and 611 of The Code. However, as a courtesy, departments may provide notice to faculty on multiple-year contracts similar to that provided to EHRA Professionals, e.g., 1) during the first year of service, not less than 30 days notice prior to discontinuation of employment; 2) during the second and third years of service, not less than 60 days notice prior to discontinuation of employment; and 3) during the fourth and all subsequent years of service, not less than 90 days notice prior to discontinuation of employment.

6.5 Contract Contingencies

6.5.1 The initial contract, subsequent contract or promotion of a professional faculty member to a position funded in whole or in substantial part from sources other than continuing state budget funds or permanent trust funds shall be contingent upon the continuing availability of such funds.

6.5.2 The federal funds provided to the North Carolina Agriculture Research Service through the Hatch Act and the McIntire-Stennis Act, and to the North Carolina Cooperative Extension Service through the Smith-Lever Act are considered as permanent trust funds, and faculty whose positions are funded in whole or in substantial part from these sources shall not be subject to the contingency provisions in this section.

6.5.3 The initial or subsequent contract of a professional faculty member may be made contingent upon enrollment levels or other contingencies established by the university, in accordance with Section 610 of The Code. Any such contingency must be stated in the appointment letter.

6.6 Appointment letters for professional faculty members will address the following aspects of the contract:

(a) the track, rank, and title for the appointment

(b) beginning/end dates (if applicable)

(c) FTE

(d) annual salary (if applicable)

(e) assigned duties

(f) provisions for annual performance review

In addition, any sick leave and annual leave entitlement and any contingency must be included in the contract.

7. CONTRACT EXPECTATIONS

7.1 Full-time (.75-1.0 FTE) professional faculty with contracts exceeding one year must complete a Statement of Faculty Responsibilities (SFR).

7.2 For full-time (.75-1.0 FTE) professional faculty with contracts of one year or less, and for part-time (<.75 FTE) professional faculty, the contract should include a specific statement of goals and objectives on which the faculty member will be evaluated.

7.3 Librarians and Field Faculty must have an appointment letter or similar document that is signed by the head of the department/unit and appointee and that is maintained in the departmental personnel files.

7.3.1 Librarians must complete an annual goals and objectives form to be signed by the head of the department/unit and the appointee.

7.3.2 Field Faculty must document the goals and objectives section in their annual performance plan.

7.4 Professional faculty shall be reviewed annually by the head of the department/unit or designee according to NCSU REG05.20.03 – Annual Reviews of Faculty Members. Documentation submitted for the review shall reflect the scope of the faculty member’s areas of responsibility as identified in the Statement of Faculty Responsibilities or contract or, in the case of librarians and field faculty, other equivalent documentation.

8. STANDARDS FOR INITIAL CONTRACT, SUBSEQUENT CONTRACTS AT THE SAME RANK, AND PROMOTION

8.1 General Standards

The general standards upon which initial contracts, subsequent contracts at the same rank, and promotion are to be recommended include an assessment of at least the following: demonstrated professional competence in the appropriate mix of the realms of responsibility (see REG 05.20.27 Statements of Faculty Responsibilities) as defined by each academic department’s rule addressing standards for professional faculty (see 8.2 below); potential for future contributions; and service to the university, the academic community, and society. The individual’s contributions shall be considered in a manner that is appropriate to each individual’s contract, track (where appropriate), and rank. Recommendations shall be consistent with the needs and resources of the university.

8.2 Department-Specific Standards

Academic departments that include full-time professorially-ranked professional faculty shall define departmental standards for each track and rank and procedures that apply to these faculty members’ initial contracts, subsequent contracts, and promotions. Unit-level standards should be defined for each track in which full-time professional faculty hold contracts within the unit (e.g., if a unit’s faculty includes full-time professorially ranked faculty in teaching, research, and clinical tracks, then the unit-level rule should define standards for initial contracts, contract renewal, and promotion in each of those three tracks).

These standards shall be published; they may be included as subsections within the department’s Reappointment, Promotion, and Tenure Standards and Procedures rule, or the department may establish a separate departmental rule for Professional Faculty Appointment and Promotion Standards and Procedures. Standards and procedures may include more detail than, but may not conflict with, the general standards, procedures, or qualifications for rank established in this regulation.

Standards and procedures for lecturers and senior lecturers are addressed in Section 11 of this regulation.

9.  PROCEDURE FOR INITIAL CONTRACT AND SUBSEQUENT CONTRACTS AT THE SAME RANK

Initial contracts and subsequent contracts at the same rank, except for Librarians[1] and Field Faculty[2], are initiated by the head of an academic department based upon appropriate documentation. Documentation should include a current curriculum vitae and materials that would be included in the dossier section(s) appropriate to the faculty member’s responsibilities as reflected in the SFR (e.g., Teaching, Scholarship/Research, Extension and Engagement, Service). A full dossier is not required. Documentation shall be assembled by the Department Head in cases of initial contracts and by the candidate in consultation with the Department Head in cases of subsequent contracts.  To receive a subsequent contract at a higher professorial rank, the faculty member must have gone through the promotion process (see Section 10).

9.1 Consultation

9.1.1 Decisions for professional faculty initial and subsequent contracts are dependent on recommendations by the Department Voting Faculty (DVF) and Department Head to the Dean, unless the DVF has approved departmental procedures to delegate decisions for initial and subsequent contracts of up to two (2) years to the Department Head, who then can recommend such contracts to the Dean without DVF consultation (see also 9.2.2). The Dean is responsible for final decisions.

9.1.2

(a) The DVF for initial and subsequent contracts of professional faculty shall consist of all faculty who hold tenured or tenure-track positions at a rank equal to or higher than the rank being considered for appointment as well as full-time (.75 FTE and higher) professional faculty in the track in which the appointment is being considered and with professorial rank equal to or higher than the rank being considered. The DVF may develop procedures for consultation concerning initial and subsequent contracts with other faculty in the department; such procedures should be consistent across appointments in that track.

(b) In departments that appoint only professional faculty (currently Music and Health and Exercise Studies), the DVF shall consist of all tenured, tenure-track, full-time (.75 FTE and higher) professional faculty with professorial rank equal to or greater than the rank under consideration. The DVF in these departments may develop procedures for consultation concerning initial and subsequent contracts with other faculty in the department; such procedures should be consistent across appointments in that track.

9.2 Departmental Consultation

Department consultation for initial and subsequent contracts may take one of the following forms:

9.2.1 The DVF shall have full access to the documentation prepared for each candidate and the opportunity and responsibility to meet as a group with the Department Head to consider the matter confidentially. In each case a vote shall be taken either by secret ballot or open ballot, with the method of voting to be decided by a majority vote of the DVF. Faculty members who cannot attend the meeting shall be expected to vote in accordance with departmental Reappointment, Promotion and Tenure rule.

9.2.2 Based on procedures approved by the DVF, the Department Head may be authorized to issue part-time or full-time initial and subsequent contracts of up to a total of two (2) years to faculty who meet the qualifications for one of the ranks described in Section 5. The Department Head shall report to the DVF on such contracts issued to professional faculty.

9.3 Recommendations and Decisions

9.3.1 Recommendation of Department Head

The Department Head shall make a recommendation and report the vote of the DVF, if applicable, to the Dean.

9.3.2 Dean’s Decision

The Dean’s decision on offering a contract to a professional faculty member is final.

10. PROMOTION OF PROFESSIONAL FACULTY WITH PROFESSORIAL RANK[3]

Unlike reviews of tenure-track faculty for tenure and promotion from assistant to associate professor, there is no mandatory year for promotions in rank for professional faculty members. They may request to be considered based on consultation with or recommendation from the department head and/or DVF. Reviews for promotion in professorial rank follow the annual RPT timelines posted on the Provost’s website and defined in college and departmental rules.

10.1 Documentation

Each promotion is initiated by the Department Head. Documentation shall be assembled by the candidate in consultation with the Department Head. Dossier instructions that follow refer to the format stipulated in NCSU REG05.20.20 – Reappointment, Promotion, and Tenure Dossier Format Requirements.

10.1.1 The dossier must include:

Section I. INTRODUCTION (Statement of Faculty Responsibilities and Brief Resume);

Section VIII. DEPARTMENTAL ASSESSMENT AND RECOMMENDATION;

Section IX. COLLEGE ASSESSMENT AND RECOMMENDATION.

10.1.2 The dossier must include one or more of the following as appropriate for the faculty member’s responsibilities:

Section II. TEACHING AND MENTORING OF UNDERGRADUATE AND GRADUATE STUDENTS;

Section III. SCHOLARSHIP IN THE REALMS OF FACULTY RESPONSIBILITY;

Section IV. EXTENSION AND ENGAGEMENT WITH CONSTITUENCIES OUTSIDE THE UNIVERSITY;

Section V. TECHNOLOGICAL AND MANAGERIAL INNOVATION;

Section VI. SERVICE TO THE UNIVERSITY AND PROFESSIONAL SOCIETIES.

10.1.3 Section VII. EXTERNAL EVALUATIONS

The Dean must establish for professorially ranked professional faculty in each track (i.e., teaching, research, extension, clinical, of the practice) whether to require that the dossier include Section VII. EXTERNAL EVALUATIONS.  This requirement must apply college-wide for each professional track and be documented in the college’s rule regarding professional faculty promotions.

10.2 Consultation

Decisions for promotion are dependent on recommendations by the Department Voting Faculty (DVF), Department Head and Dean to the Provost who is responsible for these decisions; except for promotion to Senior Lecturer, for whom the Dean’s decision is final.

10.2.1 Departmental Consultation

(a) The DVF for a promotion candidate shall consist of all departmental faculty who hold tenured or tenure track positions at a rank equal to or higher than the rank being considered for promotion as well as full-time (.75 FTE or higher) professional faculty in the track that is under consideration who hold professorial rank equal to or higher than the rank under consideration. The DVF may develop procedures for consultation concerning promotion with other faculty in the department; such procedures should be consistent across promotions in that track.

(b) In departments that appoint only professional faculty (currently Music and Health and Exercise Studies), the DVF shall consist of all tenured, tenure track, and full-time (.75 FTE or higher) professional faculty with professorial rank equal to or greater than the rank under consideration.

10.3.2 Departmental Consultation. It is the responsibility of the DVF to participate in consultation at the departmental level. The DVF shall have full access to the documentation prepared for each candidate and the opportunity and responsibility to meet as a group with the Department Head to consider the matter confidentially. The DVF shall provide a written assessment. A vote shall be taken either by secret ballot or open ballot, with the method of voting to be decided by a majority vote of the DVF. Faculty members who cannot attend the meeting shall be expected to vote in accordance with Department Rules.

10.4 Dean Consultation

10.4.1 Prior to making a recommendation to the Provost for promotion of professional faculty with professorial rank[4] the Dean shall consult with a duly constituted College Reappointment, Promotion, and Tenure Committee, appointed and charged by the Dean in accordance with college rules approved by the Provost. The committee shall have full access to the documentation and an opportunity to confidentially discuss the case among themselves and shall provide a written assessment. A vote shall be taken either by secret ballot or open ballot, with the method of voting to be decided by a majority vote of the group.

10.4.2 In the Division of Academic and Student Affairs, the Vice Chancellor and Dean shall consult with a duly constituted Division Promotion Committee made up of tenured faculty members from inside and outside the Division with professorial rank equal to or greater than the rank under consideration.  The DASA Promotion Committee will be appointed and charged by the VC and Dean in accordance with division rules approved by the Provost. The committee shall have full access to the documentation and an opportunity to confidentially discuss the case among themselves and shall provide a written assessment. A vote shall be taken either by secret ballot or open ballot, with the method of voting to be decided by a majority vote of the group.

10.5 Opportunity for Faculty Response to Written Assessments and Recommendations

The faculty member shall be provided the written assessment and recommendation at both the department and college levels and shall be given an opportunity to provide a timely written response at both levels. These responses shall become part of the documentation of the review for succeeding levels.

10.6 Provost Consultation

10.6.1 The University Reappointment, Promotion, and Tenure Committee, appointed by the Provost in consultation with the Chair of the Faculty, shall advise the Provost in matters relating to the policy and processes involved in promotion of professional faculty with professorial rank. The committee may confidentially examine all cases in the context of its process review.

10.6.2 The Provost may consult with the committee on individual cases, and in such cases the committee shall provide a written assessment. Unless requested by the Provost, however, the committee does not advise on specific cases.

10.7 Recommendations and Decisions

10.7.1 Recommendation of Department Head

The Department Head shall provide to the Dean or equivalent academic officer the written assessment and vote of the DVF, a written recommendation by the Department Head, and any written response provided by the faculty member in accordance with section 10.5.

10.7.2 Dean’s Decision or Recommendation

The Dean shall provide to the Provost the written assessments, votes, and written recommendations provided from the Department Head along with a written assessment by the college reappointment, promotion, and tenure committee, a written recommendation by the Dean, and any responses provided by the faculty member in accordance with section 10.5.

10.7.3 Provost’s Decision and Recommendation

The Provost shall make a recommendation to the Chancellor for all positive decisions after consideration of the faculty member’s dossier, vote and assessment of the DVF, and recommendations of the Department Head and Dean. The Provost may consult appropriate university-level academic officers in making these decisions. In the case of negative decisions, the Provost’s decision is final.

10.8 Subsequent contracts at a higher rank must follow the promotion procedures described in this section.

11.  PROMOTION FROM LECTURER TO SENIOR LECTURER OR CHANGE TO ASSISTANT PROFESSOR IN A TRACK

11.1 Promotion to Senior Lecturer may occur during a current contract or at the time of issuing a subsequent contract. Consideration for promotion is initiated by the Department Head for Lecturers with at least five (5) years college-level teaching experience who meet additional criteria as established by the DVF (defined in section 9.1.2). The DVF are encouraged to consult concerning promotion with professional faculty on the lecturer track with rank equal to or greater than the rank under consideration.

11.1.1 Required documentation will be defined by the DVF and assembled by the candidate in consultation with the Department Head.

11.1.2 The Department Head will consult with the entire DVF or, based on procedures authorized by the DVF, a group authorized by the DVF to advise the Department Head. The DVF or authorized group shall have full access to the documentation prepared for each candidate and the opportunity and responsibility to meet as a group with the Department Head to consider the matter confidentially and shall provide a written assessment. A vote shall be taken either by secret ballot or open ballot, with the method of voting to be decided by a majority vote of the DVF or authorized group. Faculty members who cannot attend the meeting shall be permitted to vote in accordance with Department Rules.

11.1.3. Information about the required documentation for promotion to Senior Lecturer and the procedures used by the department to consider such promotions shall be shared with all departmental faculty in a widely accessible manner (e.g., departmental Rule on appointment and promotion of professional faculty; posting on departmental website).

11.1.4 If a Lecturer or Senior Lecturer attains the qualifications for Assistant Professor rank as set forth in Section 5, a title change to Assistant Professor with one of the modifiers listed in Section 4.1 may be made if supported by a positive DVF vote, a justification from the Department Head, and approval of the Dean. These faculty are eligible for promotions as described in Section 10.  This applies only when the individual’s qualifications have changed and the job duties remain the same.  If the job duties change, then it is considered a new position and appropriate procedures must be carried out to fill it.

12. EMPLOYMENT OF A PROFESSIONAL FACULTY MEMBER IN A TENURE-TRACK POSITION

Any change of a professional faculty rank to a tenure track faculty appointment is governed by the NCSU POL05.20.01 – Appointment, Reappointment, Promotion and Permanent Tenure, i.e., the professional faculty member must be considered through the procedure for a new appointment as set forth in NCSU POL05.20.01 – Appointment, Reappointment, Promotion and Permanent Tenure. A search waiver may be sought.

13. DISCHARGE OR IMPOSITION OF SERIOUS SANCTIONS

During the contract term, a professional faculty member may be discharged or subject to the imposition of serious sanctions in accordance with the procedures prescribed in Section 603 of The Code.

13.1 Regulations issued by the Chancellor or Chancellor’s designee shall address the composition and appointment of a hearing committee.

13.2 As specified in Section 603 of the Code, discharge or imposition of a serious sanction may be based only upon one or more of the following permissible reasons:

13.2.1 Incompetence, including significant, sustained unsatisfactory performance after the faculty member has been given an opportunity to remedy such performance and fails to do so within a reasonable time;

13.2.2 Neglect of duty, including sustained failure to meet assigned classes or to perform other significant faculty professional obligations; or

13.2.3 Misconduct of such a nature as to indicate that the individual is unfit to continue as a member of the faculty, including violations of professional ethics, mistreatment of students or other employees, research misconduct, financial fraud, criminal, or other illegal, inappropriate or unethical conduct. To justify imposition of serious sanction for misconduct, the misconduct should be either (a) sufficiently related to a faculty member’s academic responsibilities as to disqualify the individual from effective performance of university duties, or (b) sufficiently serious as to adversely reflect on the individual’s honesty, trustworthiness or fitness to be a faculty member.  A serious sanction less severe than discharge may be imposed depending on the nature and circumstances of the misconduct.

13.2.4 The reasons for discharge or imposition of serious sanction (incompetence, neglect of duty, misconduct) are not mutually exclusive.  Certain facts presented to support a discharge or serious sanction may fall under one or more of the reasons listed above.  So long as there is sufficient evidence of the underlying facts to support a discharge or serious sanction, an action shall not be invalid because the reason provided mislabeled or miscategorized the underlying facts.

13.2.5 The Chancellor has the discretion to place the faculty member on administrative leave with pay at any time if the Chancellor determines in his or her discretion that exceptional circumstances warrant it, and may choose to do so regardless of whether notice of intent to discharge or impose a serious sanction has been issued.

14. TERMINATION OF EMPLOYMENT DURING A CONTRACT DUE TO FINANCIAL EXIGENCY OR PROGRAM ELIMINATION

14.1 During a contract, termination of faculty employment shall occur only because of 1) a demonstrable, bona fide institutional financial exigency, or 2) the major curtailment or elimination of a teaching, research, or public service program in accordance with the provisions of Section 605 of The Code.

14.2 Financial exigency is defined as a significant decline in the financial resources of the institution that is brought about by decline in institutional enrollment or by other action or events that compel a reduction in the institution’s current operations budget. The determination of whether a condition of financial exigency exists or whether there shall be a major curtailment or elimination of a teaching, research, or public service program shall be made by the Chancellor, after consulting with the faculties of the departments or other units that might be affected, the academic administrative officers, the Faculty Senate, and the Board of Trustees. In this or any subsequent consultation process, a faculty contract may be terminated only after it is determined by the Chancellor, following careful review of alternatives, that the condition of financial exigency cannot be alleviated by less drastic means. The determination of financial exigency or a major curtailment or elimination of a teaching, research, or public service program is subject to concurrence by the President and approval by the Board of Governors.

14.3 If there must be termination of faculty contracts, the Chancellor shall give consideration to tenure status, years of service at the university, and other factors deemed relevant in determining whose employment is to be terminated. The primary consideration, however, shall be the maintenance of a sound and balanced educational program that is consistent with the functions and responsibilities of the university.

14.4 A faculty member whose employment is to be terminated shall be notified of this fact in writing. This notice shall include a statement of the conditions requiring termination of employment, a disclosure of pertinent financial or other data upon which the termination decision was based, and a general description of the procedures followed in making that decision.

14.5 If a faculty member whose employment is to be terminated alleges that the decision to terminate was arbitrary or capricious, a hearing committee of the Faculty Hearings Panel shall afford the faculty member a fair hearing, according to the procedures of Section 605 of The Code. This hearing shall be limited to the question of whether the decision to terminate was arbitrary or capricious. The Chancellor’s final decision may be appealed in the manner provided for by Section 605C (6) of The Code.

14.6 The university, when requested by a faculty member whose employment has been terminated, shall give reasonable assistance in finding other employment. For a period of two (2) years after the effective date of termination the university shall not replace the faculty member without first offering the position to the person whose employment was terminated.

15. BENEFITS

15.1 Except for Federal employees and unpaid professional faculty, professional faculty with a recurring, paid contract or appointment of at least nine months and 0.75 FTE or greater are eligible to participate in University sponsored deduction and benefit programs, including retirement. Professional faculty with recurring contracts for nine or more consecutive months and at least 0.50 FTE (other than adjunct and visiting contracts) are eligible to participate in University sponsored deduction and benefit programs available to regular part-time faculty. There are no employee paid benefit contributions when FTE is less than 0.75.

15.2 Faculty members may apply for retirement if and when eligible in accordance with the provisions of North Carolina Statutes (N.C.G.S. §135).

15.3 Faculty members who meet eligibility requirements for medical, parental, or disability leave may apply based on the provisions of the applicable disability, parental or medical leave plan.

 

[1] The Chancellor has delegated appointment of Librarians to the Director of Libraries in NCSU REG01.20.01 – Delegations of Authority for Appointments, Compensation and Other Personnel Actions for Employees Exempt from the State Personnel Act (EPA).

[2] Procedures for Field Faculty are authorized by the Executive Director of Agricultural Programs.

[3] These procedures do not apply to Librarians or Field Faculty. Visiting faculty are not eligible for promotion.

[4] These procedures do not apply to Librarians or Field Faculty. Visiting faculty are not eligible for promotion.