PROPOSED POLICY ON CHRONIC LOW PERFORMANCE – April 9, 2007

Each University department/unit shall develop, with input from its faculty, a set of guidelines approved by the Dean, 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 meet the minimum acceptable level of performance perform the faculty member’s duties as defined in by the department/unit guidelines shall constitute evidence of “chronic low performance” and may warrant consideration for “dismissal for cause” under existing university policies.  This statement Chronic Low Performance Policy (CLP Policy) is intended to establish a specific and clear procedure for identifying and addressing instances of a faculty member failing to meet the minimum level of performance, and to provide a remediation program where appropriate, as further described below.

If the Chair and/or the FAR Review Committee a standing committee of the tenured faculty determines that the overall performance of a faculty member in their department 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 discussion course of action.

If during any four-year period 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 he or she 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  his or her 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, and the Dean stating that by majority vote they have verified that departmental guidelines were followed and 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.  The Dean will then make the final decisions regarding chronic low performance after meeting with the faculty member and the Chair.

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 of absence, 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 Vice-President for Academic Affairs and Research.  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 any a period of five years from the first evaluation of low performance, 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 Vice-President for Academic Affairs and Research 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.