D-1  General Employment Policies

1.1 Academic Freedom
      (UH Board of Regents 21.03)
 

To establish and clarify the rights and responsibilities of the faculty pursuant to academic freedom, the board adopts the following policy:

 

21.03.1  The faculty member is entitled to full freedom in research and in the publication of the results, subject to the adequate performance of the faculty member’s other academic duties; but research for pecuniary return should be based upon an understanding with the authorities of the component university.

21.03.2  The faculty member is entitled to freedom in the classroom in discussing the subject matter, but the faculty member should be careful not to introduce into the teaching controversial matter which has no close relation to the subject.

21.03.3  The faculty member is a citizen, a member of a learned profession, and an officer of an educational institution.  When speaking or writing as a citizen, the faculty member shall be free from institutional censorship or discipline, but the faculty member’s special position in the community imposes special obligations.  As a person of learning and an educational officer, the faculty member should remember that the public may judge the profession and the institution by the faculty member’s utterances.  Hence the faculty member should at all times strive for accuracy, exercise appropriate restraint, show respect for the opinions of others, and make every effort to indicate that the faculty member is not speaking for the institution.  (11/18/04)

 

University of Houston-Victoria Policy on Freedom of Speech

 

The University of Houston at Victoria (“UHV”) strongly supports the freedoms that are guaranteed by the First Amendment to the United States Constitution, including the freedom of speech.  UHV recognizes that the freedom of speech is essential to its mission of teaching and research, and as an honest evaluation of performance and effective decision making.  Please be aware that postings on the WebCT website that are defamatory or otherwise unlawful could subject a faculty member to personal civil and/or criminal liability.  Each individual UHV faculty member is responsible for the content of his or her own postings on the WebCT website, and must personally exercise appropriate discretion and proper judgment to ensure that such postings do not subject his or herself to liability.

 

Please also be aware that recorded communications, whether in print or in electronic form, may be subject to public disclosure under the Texas Public Information Act, and may also be subject to disclosure by a court order, subpoena, or as otherwise required by law.

 

Disclaimer on WebCT site:

 

Please be advised that each faculty member who posts comments or other information on this website does so on his or her own behalf, and does not post comments or other information on behalf of the University of Houston at Victoria (“UHV”).  Please be further advised that the views and opinions that are expressed on this website do not necessarily represent the views, opinions, or policies of UHV.

 

As provided by Legal Services, August 2006.

 

1.2 Affirmative Action
 

It is the policy of the University of Houston-Victoria that all applicants shall be treated equally in all respects regardless of race, color, religion, sex, age, national origin, disability or veteran status.  This policy applies, but is not limited, to the following personnel actions:  recruitment, appointment, employment, training, reclassification, promotion, retention, discipline, termination, tenure, demotion, total compensation, education, or other assistance and benefit programs, or any other aspect of the terms, conditions and/or privileges of employment..  For a more complete policy statement, refer to the Affirmative Action Plan and Policy C-5, Equal Opportunity and Affirmative Action.
 

The Director, Human Resources and Affirmative Action acts as the university's hearing officer for all informal affirmative action complaints or inquiries.  If an amicable solution does not result from such informal review, persons may request an additional hearing under mutually agreeable conditions.  For more information on Title IX and other discrimination complaints and grievance procedures, refer to Policy C-22 in the Administrative Policies and Procedures Manual.
 

Updated:  Summer 2004
 

1.3 Employment of Aliens
 

Federal law prohibits the employment of all aliens who are not registered as "resident aliens" with the Immigration and Naturalization Service of the Department of Justice. Exceptions to this rule are made for the employment of any person paid from instructional accounts (Teaching Salaries Only, Departmental Operating Expense, Instructional Administration, and Organized Activities) and for students employed as student assistants or in other minor positions for a period not to exceed 90 days.
 

Alien employees at state institutions, and their families, are entitled to "resident student" status in any state institution, if employed as graduate assistants.
 

1.4 Nepotism
 

Relatives of members of the Board of Regents or the Chancellor shall not be employed by the university unless the employment took place at least one year prior to the appointment of the Board member or the Chancellor.  Relatives of other university officers shall not be employed by the university in positions where the officer has the official authority to hire or recommend or approve the hiring, salary or promotions of the relative.  Relatives shall not be employed in a supervisory-subordinate relationship even if it results from marriage after the employment relationship was formed.  The provisions of this policy apply to all System programs regardless of funding source.  For a detailed policy statement, refer to Policy C-6, Nepotism.
 

Updated:  Summer 2004

 

1.5 Legal Protection for Faculty

 

In your capacity as a faculty member and UHV employee, you may be named as a defendant in a lawsuit or otherwise involved in legal proceedings.  To encourage state employees and officers to perform their duties without fear of liability, the State has enacted certain laws to safeguard state employees and officers from lawsuits brought against them in their official capacities.  However, these laws do not prevent the filing of lawsuits.

 

When UHV faculty members are sued because of acts taken in the course and scope of employment, the State provides legal representation.  Any faculty member served with a summons and lawsuit should immediately contact the Office of General Counsel.  The Office of General Counsel will in turn request representation for that faculty member through the Texas Attorney General's Office.  Faculty members can choose to hire their own attorneys at their own cost.

 

While acting in the course and scope of employment, UHV employees generally are covered by the Official Indemnity Act, Tex. Civ. Prac. & Rem. Code § 104.001 et seq., which grants a limited indemnification to state employees and officers for acts of alleged negligence or deprivation of rights.  Any judgment up to the statutory limits ($100,000 per person or $300,000 per occurrence) entered against a faculty member in his or her individual capacity for acts or omissions in the course and scope of employment will be paid by the State, unless a specific finding of bad faith or gross negligence is entered.

 

Provided by the UH System legal office June 2006
 

D-2 UHV Search Committee and Hiring Procedures
 

2.1 Search Committee Procedures
 

The Dean proposes new or replacement faculty positions to the Provost, following consultation with the school’s faculty.  The Dean completes a Position Request Form, indicating field, rank, salary range, and effective date.

If the position is approved by the Provost on the advice of the Academic Council,

1.  The Dean appoints a search committee, including at least three members, one of whom is to hold an appointment in a school other than that in which the search is located.

2.   A draft description of the position is given to the chair of the search committee.

3.  The chair of the search committee meets with the Director, Human Resources/Affirmative Action (Dir HR/AA) to review search guidelines.  Guidelines include provision of stated criteria for evaluating applicants and common interview questions to be asked of all candidates.  See J-14 Guidelines for Interviewing.  The search committee will provide the ranking and screening procedures to the Director of HR prior to screening applications.  Interview questions will be provided to the Director of HR prior to the interview process.

4.  With the advice of the search committee, the Dean writes an advertisement for the position.  The Provost and the Dir HR/AA approve the ad. The Dir HR/AA then places the ad in the publications agreed upon by the Provost and Dean, and will forward a copy of the ad to the chair of the search committee.

5.  On receipt of applications the Human Resources office dates the applications (keeps envelopes) and forwards the Voluntary Affirmative Action Information Survey to candidates.  The HR office also sends a letter acknowledging receipt of the application, requesting any materials omitted, and including any additional information specified by the search committee.  Applications, along with copies of the acknowledgment letters, are forwarded to the school secretary.  The school secretary prepares a file for each applicant and maintains it for the search committee.

6.  Applications completed by closing date or commencement of screening are evaluated and ranked by committee members.  Written evaluations of all candidates are kept and filed with the Affirmative Action office on appropriate forms after completion of the search process.

7.  The committee determines a short list of potential candidates to be interviewed.

8.  References are checked prior to setting up interviews.

9.  The committee recommends names of 2-5 candidates for potential interviews to the Dean.

10. The School Dean communicates to the Provost the candidates proposed for campus interviews.  Candidates to be interviewed may be narrowed to an initial 3 or fewer.  Depending on the strength of the pool, that number may be expanded.

11.  The Dean invites candidates and sets dates for visits.

12.  The Dean with the help of the school secretary plans the visit.

13.  After all visits, the committee recommends a ranking of candidates to the Dean.  The Dean recommends to the Provost.

14.  The School Dean is then authorized to extend an offer by telephone.

15.  The School Dean notifies the Provost office in writing if a candidate accepts an offer in order for an appointment letter to be prepared.  The Dean should refer to Checklist for Offers of Faculty Employment.

16.  The Human Resources office sends letters notifying other candidates that the position has been filled.

17.  All Affirmative Action forms are completed by the search committee chair and approved by the Dir HR/AA.

Updated:  Fall 2004
 

Form:  Request to Fill Vacant Faculty Position
 

2.2  Hiring Procedures
 

Initial Process:

1.  Complete hiring request form consulting with faculty and Provost as need be.

2.  Request may go before Academic Council or Deans for review (all positions are considered open till approved).

3.  Dean prepares initial job description and shares with search committee and Provost for any further input.

4.  Dean submits advertisement to Human Resources office for placement.  Dean  handles any posting to job lists for the field or announcement to Deans or Chairs at other institutions.

Advertisements:

1.  A standard format with succinct phrasing will be used for each advertisement, which is to include the basic job requirements for the position.  Additional information about the job, school, institution, or location may be provided on request, with the acknowledgment, or on the web.

2.  Electronic ads will ordinarily be used for advertising.  School should combine ads when possible.

Updated:  Fall 2004
 

Interviews:

1.  Campus interviews ordinarily should be limited to three or fewer, unless the candidates interviewed should be unacceptable or turns down the offer.

2.  Limit interviews to one night. Car rentals could be arranged, but candidates should pay for gas.

3.  Limit paid employee meals with candidates to no more than one meal with the committee or some members of it and one with the Dean.

4.  Candidates should claim reimbursement for other meals at per diem rates but should not claim reimbursements for meals provided.

General:

1.  Searches should commence as early as possible, once a vacancy is known.

2.  Recruitment should be at the beginning assistant professor level unless a program should lack an experienced faculty member capable of providing leadership to the program.

3.  Salary range should ordinarily be set at 90-100% of the CUPA average for new assistant professors.

4.  If the position must be filled with a candidate who lacks terminal qualifications, the Dean and Provost should agree on the appropriate rank, salary, and conditions.

5.  The Dean should confer with the Provost before extending an offer.

6.  Once the offer has been accepted the Dean should notify the Provost's office in writing so that a letter of appointment can be prepared for the Provost's signature.

2.3  Faculty Critical-Need Provisions

In cases of critically needed positions that an academic school has been unable to fill in keeping with the usual hiring policy, the following provisions will apply, effective for fall 2002, for an indefinite period:

Full-Time Positions:

Deans may request that the position be advertised at the associate or assistant/associate level, the assumption being that this provision may expand the pool of available prospects.  It may also be necessary to exceed the established salary ranges in the case of high-demand fields and critically needed positions.
.

Half-Time/Quarter-Time Positions:
 

Deans may request authority to extend the offer of a quarter-time or half-time position that would be paid at up to 0.1 per course assignment of the normal nine-month hire-in rate for a full-time position in the particular field.  Additional expectations in terms of qualifications and professional involvement will apply to such appointments.  Although such offers should be discussed in advance with the provost, they may be extended by the dean.  Funding for such positions should be tracked separately from the usual part-time adjunct hiring, especially if the need results from allocated but unfilled full-time positions.
 

Part-Time Positions:
 

Deans have had for several years discretion to exceed the standard salary scale for part-time faculty, up to the stated limit, when travel or location is at issue.  Part-time faculty are counted at a .2 FTE per regular course per semester or summer term and are paid in accordance with an established scale, which is reviewed and adjusted periodically, usually during budget preparation for the next biennium.
 

Overloads:

Overloads are not routinely assigned and, when necessary, are paid at the standard part-time rate per course.
 

D-3 University of Houston System Academic Personnel Policies
         (UH 06.A.09, 1994)
 

3.1 Definitions and Conditions of Employment

1.  Appointment is defined as the employment of an individual in a given capacity for a specified time period at a stated salary.  Faculty appointments are made at the respective universities following procedures developed at the university and which have been approved by the Chancellor.  All faculty appointments are subject to the final approval of the Chancellor and Board of Regents upon recommendation of the President. Prior approval of the Chancellor is required before any faculty appointment with tenure can be made.  In addition, no person shall be appointed to the position of Dean, or equivalent, or Vice President, or equivalent, without prior consultation with the Chancellor.  No administrator may be given faculty status or tenure without a review and positive recommendation from the academic unit involved.

2.  Separation is defined as the process by which an individual terminates employment with the university. Three distinct modes of separation are recognized:

a.  Resignation is voluntary termination of employment by an employee. Presidents may accept resignations and shall so inform the Chancellor who shall inform the Board of Regents.

b.  Non-reappointment refers to a situation in which a non-tenured faculty member is not offered the next successive employment appointment at the end of a stated employment period.  The President is delegated this authority.  The Chancellor shall be notified of such decisions and shall inform the Board of Regents.  Non-reappointment notification must conform to the following schedule of dates:

1.  Not later than March 1 of the first academic year of service if the appointment expires at the end of that year; or if a one-year appointment terminates during an academic year, at least three months in advance of termination.
 

2.  Not later than December 15 of the second academic year of service if the appointment expires at the end of that academic year; or, if an initial two-year appointment terminates during an academic year, at least six months in advance of its termination.
 

3.  Not later than May 31 of the academic year preceding the academic year in which the appointment is to expire, when the individual is in the third or later year of appointment.

c.  Dismissal is severance from employment due to either adequate cause, financial exigency, medical reasons, or the discontinuance of academic programs.  Dismissal shall:

Not be used to restrain faculty members in their exercise of academic freedom.  When dismissal involves a tenured faculty member, consultation with the Chancellor and University Legal Counsel shall be made prior to any official action.  Subject to final approval by the Board of Regents, the Chancellor has the authority to dismiss faculty upon recommendation of the President after full and appropriate due process. (See Board of Regents Policy 11.07.)

3.2 Faculty Dismissal
 

Each campus of the University of Houston System, through faculty governance processes of the particular campus, shall develop policies and procedures pertaining to dismissal of faculty members.  Such policies must be consistent with those specified herein, and must be approved by the Chancellor of the University of Houston System. Dismissal recommendations are initiated by the President of the component campus. The final decision concerning the dismissal of a faculty member is made by the Chancellor of the University of Houston System upon concurrence by the Board of Regents.
 

Campus policies and procedures for faculty dismissal must assure the following:

1.  The rights of the individual to due process are protected.

2.  Dismissal shall not infringe the constitutionally protected rights of an individual, and shall not be used to restrain faculty members in their exercise of academic freedom.

3.  Dismissal procedures provide for timely written notice of impending dismissal, which specifies the grounds under which dismissal is sought.

4.  A faculty member notified of impending dismissal has available the option of a hearing before an impartial faculty tribunal designated by the governance of the particular campus.

5.  The burden of proof in dismissal proceedings rests with the institution.

Dismissal is the termination of employment of a tenured faculty member, or of a probationary or special faculty member prior to the end of the term of appointment. Dismissal may be justified by one or more of the following reasons:
 

Adequate Cause:

a)  Grounds related to demonstrated professional incompetence, or to dishonesty in teaching or research. 
b)  Grounds related to substantial and manifest neglect of professional or academic responsibilities.
c)  Grounds related to actions that would result in a general condemnation of the faculty member by the American academic community.

Financial Exigency:
 

Termination of employment justified by demonstrated and bona fide imminent financial crisis which threatens the continuation of the academic programs in their present form, and which cannot be alleviated by other means.  Each campus will develop procedural standards to determine whether a state of financial exigency exists.  Standards so developed will include provisions for faculty involvement in the determination and for a minimum twelve-month notice of termination of appointment to tenured faculty. Untenured faculty will be given notice consistent with campus non-reappointment guidelines.
 

Medical Reasons:
 

Termination justified by clear and convincing medical evidence that the faculty member cannot fulfill professional and academic obligations, or the terms and conditions of appointment.
 

Discontinuance of Academic Programs:
 

Termination of employment based on educational and academic consideration reflecting long-range judgments concerning the educational mission of the campus or university.  Tenured faculty will be given notice 18 months prior to termination of employment due to discontinuance of academic programs.  Untenured faculty will be given notice consistent with campus non-reappointment guidelines.  In the event of actions involving the dismissal of faculty by reason of financial exigency or discontinuance of academic programs, the campus administration will make every reasonable effort to place affected faculty in other positions.  The appointment of a faculty member with tenure will not be terminated in favor of retaining a faculty member without tenure except in extraordinary circumstances where a distortion of the academic program would otherwise result.
 

D-4 University of Houston-Victoria Appointment and Termination
       Procedures
 

4.1 Appointments

1.  When a vacant or new position is approved by the President, it is the responsibility of the School Dean, in cooperation with the school’s faculty and Provost and Vice President for Academic Affairs, to determine the position's requirements, prepare advertisements, screen candidates, conduct interviews, and recommend to the President the best possible candidate within budgetary constraints.

2.  After completion of regular UHV recruitment procedures, appointments are made by the Board of Regents, University of Houston System, upon recommendation of the President.

3.  The terms and conditions of every faculty appointment will be stated or confirmed in writing, and a copy of the appointment document will be supplied to the faculty member. Unless stated otherwise in the initial letter of appointment, the faculty member will be eligible for tenure consideration in due course on the strength of credentials presented at hiring.  "Consideration" does not imply award of tenure or promotion.  Any subsequent extensions or modifications of an appointment and any special understanding, or any notices incumbent upon either party to provide, will be stated in writing with a copy provided to the faculty member.

4.  With the exception of special appointments or reappointments clearly limited to special conditions or specified time periods, all full-time appointments to the rank of instructor or higher are of two kinds: probationary appointments or appointments with tenure.

4.2 Reappointment and Termination Procedures

1.  The status of all faculty is reviewed on a yearly basis by the School Dean in conference with each individual faculty member.  The appointment of non-tenured faculty who are, however, tenure-track is renewable from academic year to academic year.  The School Dean informs the faculty member of any decision not to renew in accordance with the established notification dates (March 1 for the 1st year, December 15 for the 2nd year, and May 31 of the preceding year thereafter).  The decision to reappoint a non-tenured faculty member is made at the discretion of the Provost upon recommendation of the appropriate School Dean. In the case of non-renewal, the faculty member may elect to file a protest with the Faculty Grievance Committee.

2.  Tenured faculty may expect to be reappointed each academic year, except when the following conditions exist: adequate cause, financial exigency, medical reasons, discontinuance of a program of instruction, or resignation/retirement.

a.  Adequate cause is interpreted as (1) demonstrated incompetence; (2) demonstrated dishonesty in teaching or research; (3) substantial and manifest neglect of duty; (4) conduct involving moral turpitude or otherwise grossly in violation of the ethics of the national university community.  Dismissal or the threat of dismissal shall not be used, however, to restrain faculty in the legitimate exercise of their academic freedom or civil rights.

b.  Where there is a bona fide financial exigency--as when the state legislature fails to appropriate  funds to support the current faculty--a tenured faculty member may be dismissed. In such cases,    however, a responsible effort will first be made by the university to reappoint the faculty member to another position for which the faculty member is qualified and there is adequate funding.

c.  When a program of instruction is discontinued, the faculty appointments involved in that program may be terminated.  As noted in UH System policies in D-3.2, tenured faculty in such instances must be given 18 months prior notice. However, the university's responsibilities to the faculty in such cases are the same as in cases involving financial exigency, and a serious attempt to retain the faculty members in other capacities for which they are qualified shall be undertaken.

d.  A tenured faculty member may resign or retire effective at the end of an academic year, provided that notice is given in writing at the earliest possible opportunity.  Voluntary modification contract is another option available to tenured faculty with the concurrence of the institution.

4.3 Terminal Notice of Salary
 

If an appointment is terminated, the faculty member shall receive salary until the day of termination.  On the recommendation of the President to the Chancellor, the length of service may be considered in determining the date of termination.  Notice of the date of termination shall normally be given in accordance with the schedules stated in the System Academic Personnel Policies.  The provision for terminal notice of salary need not apply in the event that there has been a finding that the conduct, which justified dismissal, involved moral turpitude or conduct grossly in violation of the ethics of the university community.
 

4.4 Dismissal Procedures
 

Dismissal applies to the termination of tenured faculty members or to untenured ones during the term of their appointment.  It does not apply to non-reappointment ( or non-renewal) of an untenured member. 

When the conduct of a faculty member so warrants, he/she may be dismissed under the provisions for "adequate cause."  In such cases, the Provost shall present the faculty member with a written statement of the charges supporting the decision for dismissal.  Upon receiving this statement, the faculty member may (1) accept the decision upon the grounds indicated; (2) discuss the matter informally with the Provost and present his/her side of the case with a view toward arriving at a mutually satisfactory settlement; or (3) file a written denial of the charges for review, and/or appeal for a formal hearing before the Grievance Committee.  If the faculty member takes no action within 30 days of receiving the notification of dismissal from the Provost, he/she forfeits the right of appeal and the dismissal shall be effected as stipulated in the notification.  But if the faculty member decides to appeal the case, he/she must either present a written statement denying the charges to the Grievance Committee (see number 2 below) or formally request a hearing within 30 days after receiving the notification.  In the case of a formal hearing by the Grievance Committee, notice of the hearing with the specific charges in writing shall be served by the Provost at least 20 days prior to the commencement of the hearing.  Specific details concerning the hearing procedures are enumerated below:

1.  Grievance Committee members deeming themselves disqualified for bias or interest shall remove themselves from the case, either at the request of a party or on their own initiative.  Each party shall have a maximum of one challenge without stated cause.

2.  At his/her own discretion, the faculty member may waive the formal hearing or may respond to the charges in writing at any time before the hearing.  If the faculty member waives a hearing, but denies the charges or asserts that the charges do not support a finding of adequate cause, the Grievance Committee shall evaluate all available evidence and rest its recommendation upon the grievance in the record.

3.  The Grievance Committee may, with the consent of the parties concerned, hold joint pre-hearing meetings with the parties in order to simplify the issues, effect stipulations of facts, provide for the exchange of documentary or other information, and achieve such other appropriate pre-hearing objectives as will make the hearing fair, effective, and expeditious.

4.  The hearing shall be public or private, in accordance with the faculty member's wishes. If the faculty member declines to express a preference, the President, in consultation with the Grievance Committee, shall exercise judgment as to whether the hearing should be public or private.

5.  The burden of proof that adequate cause exists rests with the institution and shall be satisfied only by clear and convincing evidence in the record considered as a whole.

6.  During the proceedings, the faculty member shall be permitted to have an academic advisor and counsel of his/her choice.  At the request of either party, a representative of a responsible educational association shall be permitted to attend the proceedings as an observer.

7.  An accurate record of the hearing or hearings shall be taken; and a typewritten copy shall be made available to the faculty member, without cost, at the faculty member's request.

8.  The Grievance Committee shall grant adjournments to enable either party to investigate evidence to which a valid claim of surprise is made.

9.  The faculty member shall be afforded an opportunity to obtain necessary witnesses and documentary or other evidence. The administration shall cooperate with the Grievance Committee in securing witnesses and in making available documentary and other evidence in compliance with legal constraints.

10.  The faculty member and the administration shall have the right to confront and cross-examine all witnesses.  Where the witnesses cannot or will not appear, but the Grievance Committee determines that the interests of justice require admission for their statements, the Committee shall identify the witnesses, disclose their statements, and, if possible, provide for interrogatories.

11.  In the hearing of charges on incompetence, the testimony shall include that of qualified faculty members from this or other institutions of higher education.

12.  The Grievance Committee shall not be bound by strict rules of legal evidence and may admit any evidence which is of probative value in determining the issues involved.  Every reasonable effort shall be made to obtain the most reliable evidence.

13.  The findings of fact and the decision of the committee shall be based solely on the hearing record.

14.  Except for such simple announcements as may be required, covering the time of the hearing and similar matters, public statements and publicity about the proceedings by either the faculty member or administrative officers shall be avoided so far as possible until the proceedings have been completed, including consideration by the Board of Regents of the university.

15.  Pending a final decision by the Grievance Committee, the faculty member may be suspended, or assigned to other duties in lieu of suspension.  (The section on "Terminal Notice of Salary" stipulates periods of retention.)  Before suspending a faculty member and pending an ultimate determination of status through the institution's hearing procedures, the administration shall consult with the Grievance Committee concerning the propriety, length, and other conditions of the suspension. A suspension that is intended to be final is a dismissal and shall be treated as such.  Except in extreme circumstances, salary may be continued during the period of suspension.  (See the Texas Education Code, Section 51, 231- 51.255.)

Updated:  Summer 2005
 

4.5 Grievance Committee Decisions
 

The President and the faculty member shall be notified of the decision of the Grievance Committee in writing and shall be given a copy of the record of the hearing.
 

If the Grievance Committee concludes that adequate cause for dismissal has not been established by the evidence in the record, it shall so report to the President.
 

If the committee concludes that adequate cause has been established, it shall recommend to the President either dismissal or a lesser academic penalty if it deems such appropriate.  In either case, it shall provide rationale for its recommendation.  After studying the Grievance Committee report, the President shall make a recommendation to the Chancellor.  If the recommendation differs from that of the Grievance Committee, the President shall state the reasons for disagreement in writing to the Grievance Committee and to the faculty member and shall provide an opportunity for response before transmitting the case to the Chancellor.
 

If dismissal or other severe sanction is recommended, the President shall, on request of the faculty member, transmit to the Chancellor the record of the case.  The Chancellor may request further review or take statements from principals involved.
 

Either the decision of the Grievance Committee shall be sustained by the Chancellor or the proceeding shall be returned to the President with specific objections for reconsideration by the Grievance Committee.  The Grievance Committee shall then reconsider, taking into account the stated objections and receiving new evidence if necessary.  The President shall forward the results of the reconsideration, along with his or her own recommendation, to the Chancellor who, after study of the reconsideration, shall make a final recommendation to the Board of Regents.  The Board may request additional evidence at its discretion.
 

D-5 Grievance Procedures (1998)
 

5.1 General
 

The following procedures for redress of grievance are available to all faculty members. The types of grievances covered under this general category include (but are not limited to) matters of salary, hours, teaching assignments, allotment of resources, and facilities. Grievance procedures pertaining to dismissal of faculty members, whether tenured or untenured during the term of the appointment, are covered in D-4.4 of the Faculty Manual.
 

The Informal (Pre-Writing) Stage:
 

The grievance will, as a rule, first be presented by the grievant to the appropriate supervisor (usually the School Dean) for deliberation.  It is hoped that most grievances will be resolved at this level.
 

The Formal Stage:

1.  If informal deliberation does not resolve the matter, the grievant may petition the supervisor for redress by filing the grievance in writing.  The grievant may present the grievance personally, may entrust a representative to act in his or her behalf, or may be accompanied by a representative or counsel.

2.  Within 10 working days of receipt of the written grievance, the supervisor must respond to it in writing, with a copy of the response to be sent to the supervisor's immediate superior (usually the Provost).  If the supervisor fails to respond within this time limit, the grievant may send the grievance to the Grievance Committee of the Faculty Council within 10 working days after the deadline for the supervisor's response.

3.  If the grievant is not satisfied with the response of the supervisor, within 10 days of receipt of that response he or she may submit the grievance to the Grievance Committee of the Faculty Council.  A grievant who fails to submit the grievance to the Grievance Committee within this time limit loses the right to appeal the decision of his or her supervisor.

4.  In reviewing a formal complaint, the Grievance Committee shall first decide whether the evidence submitted in support of the complaint warrants a detailed investigation or a formal hearing.

a.  If the committee decides that the complaint does not merit its consideration, the rationale for this decision shall be stated in writing and presented to the grievant, the supervisor, and the superior of the supervisor within 10 working days of receipt of the grievance.

b.  If the committee decides that the formal complaint has merit and contains sufficient information  for the committee to reach a decision on the matter, it shall review the matter and send its written findings to the grievant, the supervisor, and the superior of the supervisor within 10 working days of receipt of the grievance.

c.  If the committee decides to conduct an investigation or hold a formal hearing in which both sides are invited to present their sides of the matter, it shall notify the grievant, the supervisor, and the superior of the supervisor of the decision to do so within 10 working days of receipt of the grievance.  The investigation or hearing shall begin within 10 working days of the decision to conduct it and shall proceed as expeditiously as possible.  The findings shall be sent in a written report to the  grievant, the supervisor, and the superior of the supervisor within five working days of the end of the investigation or hearings.

5.  If either the grievant or the supervisor believes the Grievance Committee findings to be unacceptable, he or she may provide the immediate superior of the supervisor with a written rebuttal within 10 working days of receipt of the Grievance Committee decision. Copies of the rebuttal shall be sent to the committee and to the other party in the grievance.  Within 10 working days of receipt of this rebuttal, the decision of the immediate superior of the supervisor shall be transmitted in writing to the grievant, the superior, and the Grievance Committee.  This decision will be final.

Additional Considerations:

1.  If the grievance warrants it and both parties agree, at any point in the process the institution may appoint or employ a third party to mediate.

2.  The timelines listed for the stages above may be extended by the party required to respond by means of a written statement to the other party claiming more time, providing reasons, and setting a reasonable deadline.

Updated:  Summer 2005
 

5.2 Grievances Pertaining to Non-Reappointment of Untenured Faculty
 

Untenured faculty whose appointments have not been renewed may request the review of the Grievance Committee.  Such requests must be made subsequent to the faculty member's receiving written notification that the appointment will not be renewed; further, the appeal must be made within 30 days after the receipt of notification from the Provost.
 

The faculty member shall set forth, in writing, the nature of the grievance and factual evidence pertinent to the case for the Grievance Committee's deliberation.  The appeal shall include a statement of the faculty member's agreement to the presentation before the Grievance Committee of such reasons and evidence as the university may wish to bring forth in support of its decision.  When the Grievance Committee has reviewed the case and arrived at a decision, it shall transmit the notification in writing to the faculty member, the School Dean, and the Provost.

Please note restrictions specified in the charter of the Faculty Grievance Committee.  (See section C. Faculty Council.  Also, see Section E-2.5. Review and Renewal of Non-Tenured Faculty.)

Updated:  Summer 2005
 

5.3 Grievances Pertaining to Termination of Tenured Faculty
 

The termination of faculty with tenure may occur only in special circumstances--resignation or retirement, medical reasons, financial exigencies, discontinuance of a program in which the faculty member serves, or dismissal for adequate cause (see Section D-3.2 and D-4.4 above).  In all cases, the faculty member shall be informed in writing of the rationale for the decision to terminate his/her appointment, and shall be permitted to appeal the decision before the Grievance Committee.

When the decision for termination is based upon a bona fide financial exigency or the discontinuance of a program, the University will provide the faculty member, in writing, with the rationale and other evidence in support of the decision.  The faculty member may request, within 30 days, that the case be reconsidered by the Grievance Committee, with the faculty member maintaining the right to present evidence in support of his or her appeal. After hearing both sides of the case, the committee will make a recommendation to the Provost, with copies forwarded to the faculty member and the School Dean.

When, in the faculty member's judgment, adequate consideration of the evidence was not given in the decision for termination, he/she may file an appeal for re-consideration of the case to the Grievance Committee within 30 days of the notification for of termination.  The term "adequate consideration" encompasses essentially procedural rather than substantive issues.
 

After reviewing the case with a view toward rectifying the alleged procedural irregularities, the Grievance Committee shall make its recommendation, in writing, to the Provost, with copies forwarded to the faculty member and the School Dean.  When, in the faculty member's judgment, considerations that violate academic freedom or civil rights have significantly influenced a decision for termination, he/she may file an appeal, within 30 days of the notification of termination, for a hearing before the Grievance Committee.  In such cases, the faculty member is responsible for stating the grounds upon which the allegations are based; the burden of proof shall rest upon him or her.  Participants in the decision for termination shall be permitted to present the evidence in support of the decision and otherwise to answer the allegations brought by the aggrieved faculty member.  When both sides of the case have received an adequate hearing, the Grievance Committee shall make a recommendation in writing to the Provost as to the disposition of the case, with copies forwarded to all the parties concerned and the School Dean.
 

Updated:  Summer 2005

D-6 Resignation/Retirement Protocol

1.  Faculty members should address letters of resignation or retirement to the School Dean or the Provost with a copy to the other.

2.  Cabinet-level administrators should address such letters to the President with a copy to their immediate supervisor, as applicable.

3.   All others should address letters to their immediate supervisor.

4.   Faculty and staff should let their Dean or supervisor know of their intention as far in advance as possible, so that plans can be made for their replacement.

5.  The recipient of the original letter should forward it to the Human Resources office, retaining a copy if desired.

6.  The Human Resources office will notify the Office of University Advancement of separations.

D-7 Emeritus Status
 

7.1 University of Houston System Guidelines
 

The following establishes general System guidelines for the development of individual campus policies and procedures for determining emeritus eligibility, privileges, and responsibilities.

1.  The titles "emeritus" and "emeriti" will be conferred only upon those retired tenured professors who have made a significant contribution to the university through a long and distinguished record of scholarship, teaching, and/or service.

2.  In addition to the title Professor Emeritus, the university will recognize the title President Emeritus, Chancellor Emeritus, and Provost Emeritus, as recommended by the Board of Regents.

3.  While each campus will formulate its own nomination procedures, all nominations should originate at the departmental or school level and should be based upon the recommendation of colleagues in the department, school, or college.

4.  All emeritus appointments are subject to approval by the Board of Regents upon recommendation by the President.  Approval by the Regents will normally occur in the spring of each year.

5.  In addition to library and parking privileges, emeritus faculty should receive invitations to and announcements of appropriate campus and university functions and should be listed in appropriate catalogs and directories.  Each campus will determine any additional courtesies or privileges accorded emeritus faculty.
 
6.  Emeritus faculty are expected to remain willing to assist and advise the university or campus as requested, particularly in their areas of competence.

7.2 University of Houston-Victoria Policy
 

Definition of Emeritus Status:
 

"Professor Emeritus" is to be considered a title of distinction conferred by colleagues upon one who has served this institution and the profession well for a number of years.
 

Provisions for Awarding Emeritus Status:

1.  To be eligible, a retired faculty member must ordinarily meet these criteria:

a.  Have completed a minimum of 10 years of full-time service at the institution, at least five with regular teaching duties of two or more classes each year.

b.  Have achieved the rank of associate or full professor.
 

Qualification:  Eligibility criteria may be waived upon recommendation of the school, a two-thirds majority vote of the faculty, and concurrence of the President.

2.  To be selected, the member must meet these criteria:

a.  Have first received the recommendation of the school--based upon a simple majority vote with the concurrence of the School Dean or upon a two-thirds majority vote.

b.  Have then received the recommendation of the Faculty Council--based on a simple majority vote and the concurrence of the President of the institution.

c.  Have finally received the approval of the Board of Regents.

Privileges of Emeritus Status:

1.  Professors Emeriti may use the title in professional correspondence and activities.

2.  They may attend faculty meetings and, if selected, serve as voting members on committees.

3.  They may attend university functions, use university facilities, enjoy parking privileges, and participate in university activities (e.g., marching with the faculty at graduation).

4.  They will be listed under "Emeriti" in the university catalog.

Expectations of Professors Emeriti:
 

Professors Emeriti have no obligations but are expected to continue to conduct themselves as professional teachers and scholars and to represent or otherwise assist the institution from time to time.
 

Note:  Librarians may also be accorded emeritus status in keeping with the same criteria outlined above but as recommended by their library colleagues and Director.
 

Also, administrators of long and distinguished service may be recommended for emeritus status by action of the President of the institution.
 

D-8 Voluntary Modification of Employment

8.1 University of Houston System Policy
 

Each campus of the University of Houston System may develop policies and procedures governing voluntary modification of employment for faculty.  Such policies must be consistent with those specified herein and must be approved by the Chancellor of the University of Houston System.

Applications by individual faculty to participate in this program are reviewed by the campus academic administration and must be approved by the appropriate President.
 

Eligibility:
 

Full-time faculty who have reached age 55 and have been enrolled in the Texas Teacher Retirement System for at least 10 years or in an approved Optional Retirement Program for at least 10 years may be considered for participation in the Voluntary Modification of Employment Program.
 

Qualifications:

The following qualifications of employment must apply for those faculty approved for participation in the Voluntary Modification of Employment Program.

1.  Status as a full-time faculty member is relinquished, including tenure rights.

2.  Teaching and other work assignments may be negotiated on an individual basis, but may not exceed that corresponding to 50% full-time employment for the academic year.  Such negotiated agreement must be in writing and signed by the faculty member and the President.

3.  Compensation to the faculty member during the period of Voluntary Modification of Employment shall reflect the negotiated full-time equivalent status.

4.  The eligibility of a participant to receive retirement benefits will be governed by state laws and regulations pertaining to such eligibility, and, in the case of individuals enrolled in the Optional Retirement Program, the terms and conditions specified by contractual agreement of the individual with the particular provider.

Benefits:
 

The participant shall be entitled to amenities normally afforded full-time faculty to include, but not be limited to, office space, library and parking privileges, and clerical support.  In addition, the individual shall have the option to participate in health and life insurance programs to the extent provided by the state or by the university for retirees. Information concerning such insurance benefits is available from the Human Resources Officer.  Participation in the Teacher Retirement or Optional Retirement programs is not available to the participant.
 

Duration:
 

A negotiated agreement for Voluntary Modification of Employment shall be for a period of time not to exceed five years, and may be renewed annually by mutual agreement. However, any negotiated agreement for Voluntary Modification of Employment may not extend beyond the normal retirement age of the participant.
 

8.2 University of Houston-Victoria Procedures
 

Modified employment agreements are negotiated on an individual basis, modeled upon previous agreements on file.  Faculty members contemplating Voluntary Modification of Employment should inquire carefully into the impact on their benefits, since policy on these may change from time to time.  Note that an individual on modified employment contract is limited to participation in health and life insurance programs only "to the extent provided... for retirees."  They also lose any accumulated sick leave and do not further acquire sick leave.  In previous instances, the university has, however, extended the following provision, taken from the guidelines adopted by the Texas Coordinating Board on October 29, 1982.
 

The participant and university agree that should the participant become physically or mentally unable to continue the reduced workload, the university will continue to pay the participant his or her salary as provided herein until the end of the academic year in which the participant could not perform his or her workload.  At the end of such academic year, the obligation of the university under this policy shall terminate.
 

Faculty members in the Teacher Retirement System of Texas (TRS), as opposed to an Optional Retirement Program (ORP), should be aware of the special conditions applicable to their workload arrangements if they intend to draw retirement benefits while on modified employment.

The Human Resources Office can provide a statement of benefits available whenever a member is considering Voluntary Modification of Employment.

 

Modified Employment Office and Computer Support

Faculty members who have agreed to Voluntary Modification of Employment and who teach four courses or the assigned equivalent during the nine-months academic year may choose a shared office and computer ensemble with another faculty member or home office support at half the allowance provided to full-time faculty members who are home officed.  The computer equipment provided in either case is at the discretion of the academic school, so long as the equipment is within the existing inventory.  (In other words, this provision for office support applies when the assigned workload is very nearly half-time.  Note that total workload for faculty members on Modified Employment contracts should not amount to 50 percent of a full-time workload during the nine months or, if applicable, during the summer session.)

 

Faculty members on Modified Employment Contract who teach fewer than four courses or the assigned equivalent during the nine-month academic year may use common office areas set up for part-time and off-site faculty members and may be assigned limited computer equipment for home use at the discretion of the academic school.  However, no office is assigned and no stipends are provided for home officing.

 

Summer 2006
 

D-9 Part-Time Faculty Hiring
 

Part-time faculty members are important and valued contributors to the university’s instructional effort.  The university seeks to provide them with the guidance and support needed to carry out their teaching duties effectively.  Although each academic school may have additional policies and procedures, the following ones are common across the university.

1.  Deans or their designees are responsible for ensuring that new adjunct members receive sufficient orientation, including:

a.  “General Information” sheets for faculty, which explain processes, services, and expectations.

b.  Sample syllabi for the course being taught and/or similarly relevant materials.

c.  Responses to anticipatable questions on where to go, who to see, and what to do.

2.  As advisable, the dean may assign an experienced full-time or part-time colleague to serve as a contact or informal guide on instructional issues and questions that may arise.
 

3.  Adjunct members have access to the same secretarial, instructional-support, and library services as full-time faculty members in carrying out their instructional duties.
 

4.  Shared office space is provided for adjunct faculty members, including computer and telephone (school secretaries can provide the combination for entry).
 

5.  Parking is provided; a sticker is needed.
 

6.  E-mail accounts and consideration for faculty-development funds may be provided with the sponsorship of the dean.
 

7.  Evaluation of instruction includes mandatory student surveys for each course, as well as review of syllabi and other course materials.  It may include class visits.
 

8.  Adjunct members are reimbursed for approved expenses related to the performance of their instructional duties, including travel to secondary sites (travel to the campus or primary workplace is not included).
 

Persons with advanced degrees in fields taught at the university are welcome to share their credentials with the appropriate Dean, should they be interested in consideration for part-time teaching opportunities that may arise.

D-10 Additional Employment Policies
 

10.1 Assignment of Faculty Offices
 

Faculty offices that become available are assigned on the basis of seniority as a full-time faculty member at UHV, regardless of rank or title.  An office becomes available any time a faculty member is moving out of it for any reason.  Faculty members may not trade offices without reference to seniority or without clearance through the Provost's office. In practice this policy applies primarily to the preferred offices--first, those with windows and second, those that are larger.  The seniority list will be consulted when one of these offices becomes available.  The person with the highest seniority who wants it may request it.
 

Other offices will be assigned as they become available to new faculty members or current faculty who wish to move. In either case, faculty members should inform the Provost's office. The seniority list will apply as need be.  Requests and assignments are handled by the Provost's office in consultation with School Deans. Faculty offices are not designated by schools.
 

10.2 Direct Deposit of Pay
 

Under section 403.016 of the State of Texas Government Code, University of Houston-Victoria employees' pay must be deposited electronically into their accounts with financial institutions, unless certain conditions exist to exempt the employee from this requirement.  For additional policy and procedure information, see Item C 28 in the Administrative Policies and Procedures Manual.

10.3 Personnel Action Requests (PARs)
 

Unless specified otherwise in these rules, the following delegations of authority on the UHV campus govern the approval of recommendations for personnel actions:

1.  The Board of Regents shall approve appointments and changes in status during employment of all members of the faculty and professional administrative staff.  This approval shall be upon the recommendation of the President, concurred in and presented by the Chancellor, University of Houston System.

2.  Other personnel actions shall be approved by the President, who may further delegate in a uniform manner the authority to approve personnel actions not involving a departure from established policy.  Regardless of the effective date shown on the Personnel Action form, no personnel action is considered officially approved, nor is there an obligation to any prospective employee until final approval is obtained.

10.4 Personnel Files
 

Human Resources:

1.  The Human Resources office retains the original hire-in file with letter of application, resume, letters of reference, letter of appointment, and official transcripts.  These items should be provided to the Human Resources Officer once the newly hired person has returned the signed letter of appointment.

2.  This file should not need to be consulted unless some question arises, but the Provost, Deans, and others as approved by the President will have access.

3.  Faculty members will also have access to their own file, except for any letters of reference to which they have previously waived access.

4.  The Human Resources office receives copies of succeeding letters concerning reappointment, annual salary, and any alterations of a contractual nature, including promotion, tenure, and separation.

5.  The Human Resources office also maintains records on leave time, payroll, benefits, etc.

Provost's Office:

1.  The Provost’s office retains duplicates of resume and appointment letters; annual evaluation reports; pay, promotion, and tenure recommendations; and copies of any formal adjustments to workload, compensation, or conditions of employment, etc.
 
2.  Faculty members may have access to their own file--as may Deans and others as approved by the President or the faculty member.

3.  The Provost or Dean may also retain an informal file reflecting individual accomplishments or other materials provided by the faculty member, but this is not considered part of the official employment record.

School Dean:

1.  Deans may keep copies of such faculty personnel materials as may be helpful to their work, but need not duplicate the official files indicated above.

2.  School Deans' personal notes for evaluation or other purposes should not be shared or passed on to the next Dean unless the Dean wishes these to be considered part of the official faculty personnel record--in which case the originals or copies should be given to the Provost for inclusion in the official file, which is open to the faculty member.

3.  School Deans will maintain files on part-time faculty members.

Public Records:

It should be noted that most of the information in a faculty member's file is subject to open records provisions, though materials reflecting performance evaluations ordinarily are not.
 

Any request for access will be considered a request for a Public Access and appropriate process will be followed according to University Policy on Public Access.

10.5 Sexual Harassment