PROPOSED CLP INSERT for SECTION 4.22 – Revised March 8, 2007
CHRONIC LOW PERFORMANCE
Each University department/unit shall develop, with input from its faculty, a set of guidelines describing the minimum acceptable level of performance, for all applicable areas of responsibility for its faculty, as well as procedures to handle alleged cases of chronic low performance. Chronic failure of a tenured faculty member to perform the faculty member’s duties as defined in the Guidelines shall constitute evidence of “chronic low performance” and may warrant consideration for “dismissal for cause” under existing University policies. This Chronic Low Performance Policy (CLP Policy) is intended to establish a specific and clear procedure for identifying and addressing instances of failing to meet the minimum level of performance, and to provide a remediation program where appropriate, as further described below.
If a standing committee of the tenured faculty determines that the overall performance of a faculty member in their department/unit falls below the minimum level of performance, this finding shall be indicated in the annual evaluation form sent to the dean and the Chair or Head of the department/unit. The Chair shall discuss with the faculty member a suggested course of action to improve performance and document that course of action.
If within four years a faculty member receives a second annual evaluation which reflects a finding by the standing committee of tenured faculty in that department/unit that the faculty member has failed to meet the minimum level of performance, the Chair and/or the dean shall meet with the faculty member and discuss the faculty member’s performance and types of remediation that are available and appropriate. If the faculty member requests a review of that determination, three tenured faculty members from outside that department/unit but within the same college shall review the faculty member’s annual evaluations and other relevant documents. The faculty member and the Chair shall each select one reviewer, and they shall jointly select the third person. The reviewers shall submit a written report to the faculty member and the Chair stating that by majority vote they have concluded either that (a) there is clear and convincing evidence of Chronic Low Performance and that remediation is necessary; or (b) there is not clear and convincing evidence of Chronic Low Performance.
If remediation is necessary, the Chair will discuss the faculty member’s performance with the faculty member and suggest types of remediation that are available and appropriate. The remediation may include appropriate provisions for faculty development, or other appropriate interventions, such as counseling, medical leave, or a change in teaching assignments. Other remediation steps may be offered, subject to review by the Faculty Affairs committee of the Faculty Senate and the VPAAR. Remediation should begin as soon as possible and will be funded by the University. The faculty member’s annual review document for the subsequent year should reflect the method of remediation and document its level of success.
If within a period of five years a tenured faculty member receives a third annual evaluation which reflects a failure to meet the minimum level of performance, the Chair, in conjunction with the dean, may recommend to the VPAAR that the dismissal for cause policy under Section 4.23 of the University’s Policies and Procedures be invoked, in which event the burden of proof will be on the University administration to make the case for dismissal.