TENURE (p)

1. Responsibility
The fundamental responsibility of a faculty member as a teacher and a scholar includes maintenance of competence in the field of specialization and the exhibition of competence in the classroom.

2. Definition
"Tenure" shall mean the entitlement of a qualified faculty member, after serving a probationary period, to continue his or her employment unless just cause for dismissal is demonstrated by the institution in a fair hearing following established procedures of due process.

3. Eligibility
The terms and conditions of every appointment to the faculty of The Victoria College should be in possession of both the administration and faculty member before the appointment is consummated.

Eligibility for tenure is limited to full-time teachers, librarians and counselors who meet the Southern Association of Colleges and Schools minimum criteria and have been employed five consecutive academic years (fall/spring) at The Victoria College. Eligibility for tenure does not guarantee tenure will be awarded. All those who attained tenure prior to August 20, 1990, shall retain tenure.

The tenure process will begin the first fall semester of employment. Each tenure-track employee must have at least four satisfactory yearly evaluations during the probationary period to retain eligibility status. The following tenure policy shall apply to all tenure-track employees whose first day of employment falls on or after August 1, 2005. All tenure-track employees who have not yet been awarded tenure and whose first day of employment was July 31, 2005 or earlier will be grandfathered into the tenure policy that was in place prior to January 23, 2006.

At the beginning of the fifth fall semester of the tenure track of an employee's probationary period, a recommendation shall be made as to whether or not the candidate should be granted tenure. The recommendation shall originate within the area of employment in which the employee serves, and it shall be forwarded to the President.

The procedure shall be as follows:

Instructional Divisions-
During the fifth fall semester of a tenure-track instructor's employment, a committee of four faculty members and the Vice President, Instruction or shall be convened for the purpose of determining whether or not the instructor shall be recommended for tenure. The committee shall be composed of the Vice President, Instruction (chair), the Division Chair, the candidate's department coordinator, one tenured faculty member selected by the candidate, and one tenured faculty member of the division, elected by the division faculty.

In the event that any of the tenured faculty positions on the committee cannot be filled from within the division, those positions shall be filled by selecting tenured persons from outside the division, using a method determined by mutual consent of the appropriate Vice President and the candidate.

It shall be the responsibility of the Vice President, Instruction to initiate and supervise the process and to chair the committee. If a consensus is not reached and a vote must be taken, all voting by the members of the committee shall be by secret ballot; a simple majority will determine the committee's decision. The Vice President shall have veto power over the committee decision. The tenure committee may establish its own criteria for determining the recommendation, but prominent among the criteria must be the following elements: student evaluations, faculty evaluations by Division Chairs or Directors, professional development, performance on college committees, and public service.

Upon reaching its decision, the Vice President shall forward its recommendation (for or against) to the President of the College. A written record of the Vice President's recommendation and the committee's assessment of the candidate's performance in each of the criteria areas shall be retained by the tenure committee chair and a copy place in the candidate's personnel file.

Librarians -
During the fifth fall semester of a tenure track librarian's employment, a committee of three persons shall be convened for the purpose of determining whether or not the librarian shall be recommended for tenure. The tenure committee shall be composed as follows: the Vice President, Instruction (chair), the Director of the Library, one tenured librarian selected by the candidate.

In the event that any of the committee positions cannot be filled from among library personnel due to a lack of tenured persons, those positions shall be filled by selecting tenured persons from elsewhere in the College, using a method determined by the mutual consent of the Vice President and the candidate.

It shall be the responsibility of the Vice President, Instruction to initiate and supervise the process and to chair the committee. If a consensus is not reached and a vote is taken, all voting by the committee shall be done by secret ballot; a simple majority will determine the committee's decision. The Vice President shall have veto power over the committee decision. The tenure committee may establish its own criteria for determining its recommendation, but prominent among the criteria must be the following elements: annual performance evaluation, professional development, performance on college committees and public service.

Upon reaching a decision, the Vice President shall forward the recommendation (for or against) to the President of the College. A written record of the Vice President's recommendation and the committee's assessment of the candidate's performance in each of the criteria areas shall be retained by the tenure committee chair and a copy placed in the candidate's personnel file.

Counselors -
During fifth fall semester of a tenure-track counselor's employment, a committee of three persons shall be convened for the purpose of determining whether or not the counselor shall be recommended for tenure. The committee shall be composed as follows: the Vice President, Student Services (chair), the Director of Counseling Services, and one tenured counselor selected by the candidate.

In the event that any of the committee positions cannot be filled from among counseling personnel due to a lack of tenured persons, those positions shall be filled by selecting tenured persons from elsewhere in the college, using a method determined by the mutual consent of the Vice President, Student Services and the candidate.

It shall be the responsibility of the Vice President, Student Services to initiate and supervise the process and to chair the tenure committee. If a consensus cannot be reached and a vote is taken, all voting by members of the committee will be done by secret ballot; a simple majority will determine the committee's decision. The Vice President shall have veto power over the committee decision. The tenure committee may establish its own criteria for determining its recommendation, but prominent among the criteria must be the following elements: annual performance evaluation, professional development, performance on college committees, and public service.

Upon reaching a decision, the Vice President shall forward its recommendation (for or against) to the President of the College. A written record of the Vice President's recommendation and the committee's assessment of the candidate's performance in each of the criteria areas shall be retained by the chair of the committee and copy placed in the candidate's file.

The employee seeking tenure shall have the right to review the file compiled by the tenure committee. However, the tenure committee is not required to divulge how each member voted.  

Tenure is attained only by the affirmative action of the Board of Trustees on the recommendation of The Victoria College President. Furthermore, the Board of Trustees may at its discretion review the decision of the tenure committee and take such action as it deems appropriate.

Currently non-tenured employees at The Victoria College who hold a tenure-track position but who do not possess a minimum of a master's degree or meet the minimum standards set forth by the Southern Association of Colleges and Schools must qualify for tenure under the tenure policy adopted in 1990. The preceding non-tenured personnel who become eligible for tenure after the adoption of the 1990 tenure policy cannot apply previous years of employment at The Victoria College toward tenure.

Full-time teachers of vocational-technical courses who meet the minimum standards set forth by the Southern Association of Colleges and Schools, who were employed by the Victoria College prior to the 1990 Spring Semester, and who could not qualify for tenure under the tenure policy in effect prior to the 1990 Spring Semester would qualify for tenure after five continuous years of employment at The Victoria College. Any such personnel, however, who already have five continuous years at The Victoria College would immediately qualify for tenure consideration.

4. Ineligibility
Adjunct teachers, part-time counselors, part-time librarians and administrators are ineligible for tenure. A tenured faculty member will surrender tenure when he or she accepts an administrative or non-tenure track position, but tenure status will be restored upon again assuming a tenure-track position without the faculty member serving a probationary period.

Leaves of absence authorized by the Board of Trustees or the President neither terminate nor interrupt tenure. However, in the event a non-tenured faculty member is granted a leave of absence, the time spent on leave will not be counted as a part of the required five-year probationary period.

5. Notification of Tenure Status
Because faculty evaluations are a significant component of tenure decisions, during the regularly scheduled evaluation process, the evaluator (such as division chair, Director of Libraries or Director of Counseling Services) should specifically notify the candidate when unsatisfactory job performance may affect the future granting of tenure. This notification, which can occur at any time, including in any of the evaluations preceding the beginning of the fifth fall semester, should be accompanied by a development plan, the purpose of which is to help the candidate improve job performance and regain normal progress toward the granting of tenure. The evaluator should forward each evaluation to the appropriate tenure committee chair. The chair of the tenure committee should report back to the appropriate evaluator within four weeks, to affirm, reject or modify, as the case may be, the evaluator's assessment of a candidate for tenure.

The appropriate College officials should also inform the candidate when the candidate is lacking in professional development, performance on college committees, public service and such other factors that are considered in the tenure determination. While the College is committed to providing candidates notice and guidance to help candidates achieve expectations for tenured faculty, the ultimate responsibility to achieve those expectations remains with the candidate. Thus, the College's failure to provide notice of deficiencies will not be a basis for awarding tenure. An employee who is not recommended to receive tenure by a tenure committee will be so notified by the President, in writing, within 72 hours of the Committee's report.

Termination of employment shall occur at the end of the employee's current contract period.

6. An employee granted tenure by the Board of Trustees will receive written notification from the President at his or her earliest convenience. At the end of the fifth year of the probationary period, the faculty member who has not received notice of a decision relating to attainment of tenure may make a written request for such a decision from the President, and the President should respond promptly.

7. Faculty Dismissals, Non-Renewals, and Causes for Loss of Tenure
The Victoria College is not required to give a non-tenured faculty member a reason for denying reappointment for another contract term or to provide a hearing. Each faculty member is entitled to see all of his or her personnel files and to obtain a copy of the information contained in these files at the expense of the person requesting it.

Tenured faculty members may be dismissed or non-renewed only for just cause. Just cause for dismissal, non-renewal or loss of tenure of a faculty member with tenure may include any of the following:
a. Professional incompetence or the habitual neglect of professional responsibilities;
b. Inability to perform duties;
c. Conviction of a criminal act;
d. Failure to comply with reasonable requirement as the employer may prescribe for achieving professional improvement and growth or a refusal to comply with the Victoria college policies and procedures;
e. Fraud or dishonesty in connection with employment or other college business;
f. Being under the influence of alcohol or a non-prescribed controlled substance while on duty;
g. A reduction in or discontinuance of a program;
h. Sexual harassment or any unlawful discrimination;
i. Moral turpitude or other egregious conduct which jeopardizes the college's standing or reputation in the community; or
j. Any conduct which unduly disrupts or interferes with the college's operations.

8. Due Process Proceeding
Due process as set forth in this statement embodies a course of professional proceeding in line with rules and principles generally recognized in the academic community. Proper dismissal procedures, established in anticipation of their being needed, are essential to an effective tenure system.

At The Victoria College, these procedures include the following components.
a. These dismissal procedures apply to a faculty member who has tenure or whose term of appointment has not expired. If the faculty member has tenure or an unexpired appointment extending beyond the period of the proposed dismissal, the burden of proof is upon the college to show just cause why the faculty member should be dismissed.
b. Due process carries with it the right of a tenured faculty member or a faculty member with an unexpired term contract to a fair hearing before an elected committee of his or her peers. The following procedural steps shall be observed at The Victoria College.  

9. Procedural Steps
Procedural steps given below constitute a general statement of the complete process to be followed in a case involving dismissal charges against a faculty member. It should be noted that The Victoria College will begin its procedure with a sincere effort to achieve satisfactory resolution of the difficulties through preliminary inquiry, discussion or confidential mediation. Should any of the subsequent procedural steps be taken, proceedings may be terminated at any time by mutual agreement between the President and the faculty member.

a. Personal Conference: When a reason arises to question the fitness of a faculty member, the appropriate administrative officers will discuss the matter with him or her in a personal conference The matter may be terminated by mutual consent at this point; but if an adjustment does not result, the matter will be taken up by the Advisory Committee at the faculty member's request.

b. Advisory Committee: The Advisory Committee shall be a standing committee of three faculty members with tenure appointed by the President from a panel of six elected by the faculty at large. The Advisory Committee shall elect its own chairman, but the proceedings of the Committee may be informal and flexible. The Committee shall make inquiries it deems necessary, offer confidential advice to both the President and the faculty member and attempt to effect an adjustment.

c. Formal Written Notification: If the mediation of the Advisory Committee does not result in a resolution of the case, the President shall formulate a detailed statement of the charges that warrant the dismissal of the faculty member and shall send it to the faculty member accompanied by a statement informing him or her that he or she is entitled to a hearing before a faculty Hearing Committee.

d. Reply to Written Notification: If the faculty member desires a hearing, he or she will reply within seven (7) days to the President's notification with a written statement that he or she will appear before the Hearing Committee. If the faculty member does not request a hearing within seven (7) days after the President's notification, the termination is complete and no further action will be necessary. If the faculty member requests the hearing within the allotted time, the President will promptly set a specified time and place for the Hearing Committee to meet; however, the faculty member shall be given a reasonable amount of time to prepare a defense before the Hearing Committee.

e. Hearing Committee: The Hearing Committee shall be a committee of five members selected by the President from a panel of nine faculty members with tenure elected by the faculty. The faculty members shall have the privilege of striking any two members from the panel before the President makes his or her selection. Or, at the option of the faculty member, the Hearing Committee shall be composed of a committee not to exceed seven members appointed by the Chairman of the Board of Trustees. Members of the Advisory Committee may not serve on the Hearing Committee.

The Hearing Committee shall elect its own chair to preside over the hearing and shall draw up such procedural regulations, as it deems necessary. The administration's case may be presented by the President, by his or her administrative representative or by counsel. The President may call such witnesses as are necessary to establish the case. The faculty member may be represented by an advisor or by counsel and shall be given reasonable time to present a defense. The faculty member may call such witnesses as are necessary.

The proceedings of the Hearing Committee should be confined to the principals, their advisors and the witnesses called by the principals. Except for such brief announcements as may be required covering the time of the hearing and related matters, public statements about the case by either the faculty member or the administrative officers should be avoided so far as possible until the proceedings have been completed.

In the deliberations, the Committee should allow oral arguments or written briefs by the President or the President's representative, and by the faculty member or the faculty member's representative. The Committee shall explicitly determine the validity of each of the grounds for dismissal and shall recommend whether there is adequate cause for dismissal. The Committee's recommendation will be conveyed in writing to the President and to the faculty member within seven (7) days. The chair of the Hearing Committee will provide a full transcript or typescript of the proceedings to both the faculty member and the administration.

f. Board of Trustees: The President shall transmit the full report of the Hearing Committee to the Board of Trustees as soon as possible after the typescript or transcript has been received from the committee. The faculty member shall have the right to request a hearing before the Board of Trustees. Such request must be made within ten (10) days following the recommendation of the Hearing Committee. The Board of Trustees will schedule a hearing within thirty days or at such time as mutually agreed upon by both parties. The final determination of the case shall be made by the Board of Trustees.

g. Post-Tenure Review
1. Purpose:
The purpose of Post-Tenure Review is to assess a faculty member's fulfillment of responsibilities and duties as listed in the Victoria College Handbook and provide an opportunity for personal and institutional improvement.
2. Schedule:
At least every two years, tenured teaching faculty, librarians, and counselors will be evaluated by their supervisors. In the case of teaching faculty this will occur in the semester following their Faculty Evaluation by Students. The Vice President of Instruction, the Vice President of Student Services, and Division Chairs/Directors shall maintain an electronic report indicating dates of completed evaluations.
3. Evaluators:
The Division Chair will evaluate all tenured teaching faculty within the division or area within the division. The Director of Libraries will evaluate the librarians and the Director of Counseling Services will evaluate the counselors. The Vice Presidents will evaluate the faculty duties and responsibilities for the Division Chairs who have teaching responsibilities, within the context of administrative evaluation.
4. Process:
The procedures and instruments used for post-tenure review should be consistent with other evaluations of teaching faculty, librarians and counselors. An evaluator must gather from several sources and analyze data pertaining to tenured faculty members' effectiveness in performing their job responsibilities. The evaluator must also indicate which data sources were used to evaluate the tenured faculty member. The following criteria are relevant and must be considered: professional development, performance on college committees, public service, and, in the case of teaching faculty, student evaluations.

The evaluator will provide the tenured faculty member with copies of the checklist from the primary evaluation instrument, an evaluation summary, other data sources and the blank Faculty Response Form. The faculty member shall complete the Faculty Response Form and shall return the completed form to the evaluator.

Finally, the evaluator shall review the Evaluation Summary and the Faculty Response Form with the faculty member. An opportunity must be given to the faculty member to make comments about the evaluation, then both sign and date all copies of the Final Faculty/Evaluator Form.