REG 05.20.34 – Professional Faculty Ranks and Appointments

Authority: Executive Vice Chancellor and Provost

History: First Issued: December 18, 2003. Last Revised: October 15, 2024.

NCSU REG05.58.01 – Additional Compensation Paid through the University

Contact Info: Associate Vice Provost of Academic Personnel and Policy (919-515-5420)

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” for this category of appointments 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 suspension without pay or demotion in rank, except upon grounds and procedures established by the UNC System and the University.

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, and/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. 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 inNCSU 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 Lecturer Track

4.1.1 Full-time (≥0.75 FTE) or part-time (<.75 FTE) faculty who have the qualifications for rank described in Section 5.1 may be appointed with the appropriate lecturer rank. These titles can also be modified by “adjunct” (see Section 4.3).

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

4.2 Tracks with Professorial Rank

4.2.1 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).

4.2.2 Part-time professional faculty who have the qualifications for rank described in Section 5.2 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).

4.2.3 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.

4.2.4 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.

4.2.5 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.

4.2.6 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.

4.2.7 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.

Other Professional Faculty Appointments
- 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 Exempt Professional Staff (EPS) or SHRA employee who has the qualifications for rank as set forth below in Section 5. The appointment process must follow the procedures set forth 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).

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 employee whose primary position is Exempt Professional Staff (EPS) who has the qualifications for rank as set forth below in Section 5 may be appointed part-time (<0.75 FTE) to a paid 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 the Lecturer Track

5.1.1 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

5.1.2 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

(d) Other criteria as established by departmental rules

5.2 Professional Faculty in Tracks with Professorial Rank.

5.2.1 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

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

5.2.2 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

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

5.2.3 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

(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

5.3 Librarians

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

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

5.4 Field Faculty

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

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

5.5 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. Definitions of instructor roles and guidelines for determining the appropriateness of faculty qualifications are described in NCSU REG 05.20.40 – Instructor Qualifications. In limited instances, individuals may be hired to teach a course with a bachelor’s degree as their highest degree earned. In those cases, the individual should have extensive professional experience and demonstrated competencies and achievements that would be uniquely beneficial to students in the course(s).

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 provided with appointments for a fixed term of service that may not exceed three (3) years. Subsequent appointments, with terms of service not to exceed three (3) years, may be provided.

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

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

6.5 Contracts Supported by Non-Continuing Funds

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.

6.6 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)

(d) annual salary (if applicable)

(e) assigned duties

(f) provisions for annual performance review

In addition, any leave entitlements and any contingency due to source of funds must be included as part of 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). Per NCSU REG 05.20.27 – Statements of Faculty Responsibility, SFRs should be prepared within the initial six (6) months of appointment.

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 SFR 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 NCSU 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 AND SUBSEQUENT CONTRACTS OF PROFESSIONAL FACULTY WITH PROFESSORIAL 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 regarding initial and subsequent contracts for professional faculty with professorial rank 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 9.2.1). The Dean is responsible for final decisions. Initial and subsequent contracts greater than two years in length cannot be issued without DVF consultation.

9.1.2 The DVF for initial and subsequent contracts of professional faculty with professorial rank shall consist of all full-time (.75 FTE and higher) faculty who hold tenured or tenure-track positions at a rank equal to or higher than the rank being considered as well as full-time (.75 FTE and 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 initial and subsequent contracts with other faculty in the department; such procedures should be consistent across appointments in that track. If the department rule supports consultation, individuals that that are not members of the DVF for the candidate’s case must not be present for deliberations and voting by the DVF.

9.1.3 If the number of DVF members is fewer than three (3), the Department Head, in consultation with the existing DVF, the individual being reviewed, and appropriate other Department Heads, shall request that the Dean appoint faculty members from allied departments in such number as to provide a group of three (3) members to serve as the DVF for the case.

9.2 Departmental Consultation

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

9.2.1 Based on procedures approved by the DVF (see section 9.1.1), 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 track faculty.

9.2.2 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 and shall provide a written assessment. 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 Department Rules. The DVF must establish procedures for Department Head consultation in which the Department Head will consult with the entire DVF or a group authorized by the DVF will advise the Department Head prior to the completion of the Department Head’s recommendation. All deliberations and communications related to the DVF review of candidates and voting outcomes must remain confidential. No persons other than the DVF, or Department Head as defined in the department rule, may be present during the deliberations and voting

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 Office of 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 of professional faculty with professorial rank are dependent on recommendations by the DVF, Department Head and Dean to the Provost who is responsible for these decisions.

10.2.1 The DVF for a promotion of professional faculty with professorial rank 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. If the department role supports consultation, individuals that are not members of the DVF for the candidate’s case must not be present for deliberations and voting by the DVF.

10.3

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. All deliberations and communications related to the DVF review of candidates and voting outcomes must remain confidential. No persons other than the DVF, or Department Head as defined in the department rule, may be present during the deliberations and voting. 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. The DVF must establish procedures for Department Head consultation in which the Department Head will consult with the entire DVF or a group authorized by the DVF to advise the Department Head prior to the completion of the Department Head’s recommendation to the Dean.

10.4 Dean Consultation and CRPTC Assessment

10.4.1 Prior to making a recommendation to the Provost for promotion of professional faculty with professorial rank[1] the Dean shall consult with a duly constituted College Reappointment, Promotion, and Tenure Committee (“CRPTC”), appointed and charged by the Dean in accordance with college rules approved by the Provost. The CRPTC 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 or professional track 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 (“URPTC”), 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 URPTC may confidentially examine all cases in the context of its process review.

10.6.2 The Provost may consult with the URPTC on individual cases, and in such cases the URPTC shall provide a written assessment. Unless requested by the Provost, however, the URPTC 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 CRPTC, 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, recommendation of the Department Head, vote and assessment of the CRPTC and recommendation of the 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. PROCEDURE FOR INITIAL AND SUBSEQUENT CONTRACTS AND PROMOTION FROM LECTURER TO SENIOR LECTURER OR CHANGE TO ASSISTANT PROFESSOR IN A PROFESSIONAL TRACK

11.1. Information about the required documentation for initial contracts, subsequent contracts and promotion in the Lecturer track, and the procedures used by the department to consider such contracts and promotions shall be publicly available in a widely accessible manner (e.g., departmental Rule on appointment and promotion of professional faculty, posting on departmental website).

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 DVF for promotion in the Lecturer track shall consist of all full-time (.75 FTE and higher) faculty who hold tenured or tenure-track positions, full-time (.75 FTE and higher) professional faculty with professorial rank in all tracks, and Senior Lecturers. In departments that appoint only or mostly professional track faculty, the DVF for promotion in the Lecturer track may consist of only Senior Lecturers. The DVF may develop procedures for consultation with other faculty in the department; such procedures should be consistent across appointments in that track. If the department rule supports consultation, individuals that are not members of the DVF for the candidate’s case must not be present for deliberation and voting by the DVF.

11.1.3 For initial or subsequent contract in the Lecturer Track, 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.

11.1.4 If the number of departmental voting faculty members is fewer than three (3), the Department Head, in consultation with the existing DVF, the individual being reviewed, and appropriate other Department Heads, shall request that the Dean appoint faculty members from allied departments in such number as to provide a group of three (3) members to serve as the DVF for the case.

11.1.5 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 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. The DVF must establish procedures for Department Head consultation in which the Department Head will consult with the entire DVF or a group authorized by the DVF will advise the Department Head prior to the completion of the Department Head’s recommendation. All deliberations and communications related to the DVF review of candidates and voting outcomes must remain confidential. No persons other than the DVF, or Department Head as defined in the department rule, may be present during the deliberations and voting

11.1.6 Decisions for Lecturer track initial and subsequent contracts are dependent on recommendations by the 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. The Department Head shall report to the DVF on such contracts issued to Lecturer track faculty. The Dean is responsible for final decisions. Initial and subsequent contracts greater than two years in length cannot be issued without DVF consultation.

11.2 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.

11.3 Recommendations and Decisions

11.3.1 Recommendation of Department Head

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

11.3.2 Dean’s Decision

The Dean’s decision on promotion and offering a contract to a Lecturer track faculty member is final.

11.4 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 (see section 9.1), a justification from the Department Head, and approval of the Dean. These faculty are eligible for promotions as described in Section 10. This title change 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, SUSPENSION, OR DEMOTION

During the contract term, a professional faculty member may be discharged, suspended or demoted in rank in accordance with the procedures prescribed in Section 603 of The Code, its accompanying regulation and any applicable corresponding university policy and regulation.

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, suspension, or demotion in rank may only 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 but not limited to, the sustained failure to: meet assigned classes, respond to communication from individuals within the faculty member’s supervisory chain, report to the employment assignment and by continuing to be absent for fourteen (14) consecutive calendar days without being excused by their supervisor, or to perform other essential duties of their position; 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 or engaging in other unethical conduct; violation of university policy or law; mistreatment of students or employees; research misconduct; financial or other fraud; or criminal or other illegal or inappropriate conduct. To justify formal discharge, suspension, or demotion such misconduct should be either (a) sufficiently related to a faculty member’s responsibilities as to disqualify the individual from effective performance of job duties, or (b) sufficiently serious as to adversely reflect on the individual’s honesty, trustworthiness, or fitness to be a faculty member.

13.2.4 The reasons for discharge, suspension, or demotion (incompetence, neglect of duty, misconduct) are not mutually exclusive. Certain facts presented to support a discharge, suspension, or demotion 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, suspension, or demotion, an action shall not be invalid because the reason provided mislabeled or miscategorized the underlying facts.

13.2.5 At any point after procedures for the imposition of discharge, suspension, or demotion are initiated, the Chancellor or Provost (as chief academic officer) has the discretion to either reassign the faculty member to other duties or to place the faculty member on administrative leave with pay. Reassignment or placement on administrative leave with pay is not a disciplinary action.

14. SEPARATION OF FACULTY EMPLOYMENT

14.1 Resignation

A professional track faculty member who intends to resign from employment before the end of their contract term has the obligation to give timely written notice to the head of department in which the faculty is appointed.

14.2Termination Due to Financial Exigency or Program Curtailment or Elimination

14.2.1During 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.

14.2.2 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 academic administrative officers and faculties as required by Section 605C(1) subject to the concurrence by the president and then approval by the Board of Governors. If the financial exigency or program curtailment or elimination is such that the institution’s contractual obligation to a faculty member may not be met, the employment of the faculty member may be terminated in accordance with institutional procedures that afford the faculty member a fair hearing on the decision.

14.2.3 In determining which faculty member’s employment is to be terminated for reasons set forth in Section 605A of The Code, the Chancellor shall give consideration to years of service at the university, and other factors deemed relevant. 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.

14.2.4 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 general description of the procedures followed in making that decision, and a disclosure of pertinent financial or other data upon which the termination decision was based. Timely notice shall be given as follows:

When the termination is due to program curtailment or elimination, a professional faculty member shall be given notice in accordance with the requirement specified in Section 604 B(1) of The Code.

When the termination is due to financial exigency, the university will make every reasonable effort, consistent with the need to maintain sound educational programs and within the limits of available resources, to give the same notice as that set forth above for termination due to program curtailment or elimination.

14.2.5 If a faculty member whose employment is to be terminated alleges that the decision to terminate was arbitrary or capricious the faculty member may request reconsideration of the termination. A Hearings Panel constituted from the Faculty Proceedings Committee shall afford the faculty member a fair hearing limited to the question of whether the decision to terminate was arbitrary or capricious. The Chancellor’s final decision may be appealed to the Board of Trustees.

14.2.6 For a period of two (2) years after the effective date of termination for any reason specified in Section 605A of The Code, the university shall not replace the faculty member without first offering the position to the person whose employment was terminated. The offer shall be made in such a manner that provides proof of delivery. The faculty member will be given 30 calendar days after attempted delivery of the notice to accept or reject the offer. The university shall provide reasonable assistance in finding other employment upon the request of a faculty member whose employment has been terminated.

14.3 Retirement

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

14.4 Non-Disciplinary Separation

Before a contract term has expired, a Professional Track Faculty member may be subject to a non-disciplinary separation from employment pursuant to Section 602(6)(d) of The Code when:

The faculty member is unable to perform the essential functions of the job due to a medical condition or the vagueness of a medical prognosis and the university and the faculty member are unable to reach agreement on a return-to-work arrangement that meets both the needs of the university and the faculty member’s condition, and the university has demonstrated a business or operational need to fill the faculty member’s position; or
Notwithstanding any unexhausted leave credits and leave benefits, the faculty member is unable to perform all of the position’s essential duties due to a court order, or due to the loss of credentials or certification required for the position and that would render the faculty member unable to perform all of the essential functions of the job.

A separation under this section is not considered to be disciplinary. A faculty member may file a grievance pursuant to Section 607 of The Code with respect to a non-disciplinary separation under this section. In the event that such a grievance is filed, the burden shall be on the university (rather than the faculty member) to demonstrate that the faculty member was unavailable based on one of the above-listed grounds and that the university took reasonable steps to avoid separation.

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 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.