Agenda Item No. VI. B. 2. a.

Washburn University Board of Regents

SUBJECT: Bylaws Amendment, Article V. 7 Joint Faculty Appointments - First Reading


Presently only full-time faculty with the position of instructor or higher are eligible to petition for, and received, the award of tenure. The College Faculty Council of the College of Arts and Sciences originated proposed changes to the University Faculty Handbook to permit persons sharing a full-time faculty position to be awarded tenure. The CFC, and the University Council and General Faculty who have subsequently also approved the proposed changes to the Faculty Handbook, believes a policy permitting two qualified individuals to share a single full-time faculty position will enable the University to be competitive in recruiting and retaining high quality replacements for persons leaving the University and to be more flexible and creative in hiring. Shared faculty appointments are not rare as at least 50 U.S. colleges and universities have one or more joint appointments. Among those institutions are: Albion College, Angelo State University, Augustana, Carleton, Grinnell, Gustavus Adolphus, Hampshire, Macalester College, Oberlin, Ripon College, and the University of Colorado.

As proposed, the salary of the two persons would be based on the full-time FTE and fringe benefits for the employees would be based on the FTE of each individual. The proposal further provides that employment of the joint appointees shall be terminated when: 1. one of the two persons, prior to petition or award of tenure, terminates his/her employment or is unable or unwilling to fulfill his/her faculty obligations, the other person's employment likewise be terminated; and,

2. if, after the award of tenure, one of the two persons terminates his/her employment or is unable or unwilling to fulfill his/her obligations AND the remaining person is unable or unwilling to fulfill the full-time obligations of the joint faculty position, the remaining person's employment shall be terminated for cause.

There presently are two persons, each with a half-time appointment in the Biology Department, who are sharing a single full-time position. These persons were deemed well-qualified for the position, advertised as a tenure-track position.

Because tenure is awarded by the Board of Regents as provided in Article V, 7 of the University's Bylaws, the Bylaws must be amended to permit persons in joint faculty appointments to petition for, and receive, award of tenure. The proposed amendments to the Bylaws are below. (That which is underscored is new language.)

h. Except for persons sharing a tenure-track joint faculty appointment described in subsection i below, fFaculty members employed part-time, or as teaching assistants, visiting faculty or lecturers are not eligible for tenure.

i. When deemed appropriate by the Vice President for Academic Affairs an advertised full-time tenure track faculty position may be split into two half-time positions and persons otherwise qualified to fill such position may be appointed to share it as a joint faculty appointment. Beginning with appointment to instructor or a higher rank in a joint faculty appointment position, the probationary period at Washburn University shall not exceed seven years. Such probationary period for each of the two persons in a joint faculty position shall be identical and stated in their respective initial employment contracts with the University. At least four of the seven years probationary service must be at Washburn at the rank of instructor or higher. Up to three years credit may be granted to both appointees, by written agreement, for full-time service by each as teaching faculty at other institutions of higher education. Joint faculty appointees in a tenure track position may be eligible to petition for tenure and promotion in accordance with the procedures in Article V, Sections 6. and 7. for full-time faculty members; provided, however, that tenure will only be awarded to any person sharing a joint faculty appointment in the event (a) both individuals in such joint faculty position petition for tenure in the same year of review; and, (b) both individuals are deemed to fulfill all of the requirements for tenure. In the event one of the individuals does not petition for tenure or one of the two is deemed not to fulfill all of the requirements for tenure, both will be given notice of non-reappointment and their employment will terminate upon the expiration of their probationary period. The property right granted by the award of tenure is the continuation of employment as a half-time faculty member which may be terminated for cause under section 8 of Article V or as provided in subsection k. below.

j. In the event one of the persons appointed to a joint faculty appointment is non-renewed, terminated for cause or voluntarily terminates employment, such event shall be deemed cause for the termination of the remaining individual's employment at the end of the then current academic year. However, such individual shall be eligible to apply for any vacant faculty position at the University for which she/he is qualified. Except as a provided in the preceding sentence, persons in a joint faculty appointment shall have the same rights of non-reappointment of non-tenured full-time faculty stated in Section 6.f of this Article.

k. In the event tenure has been awarded to both individuals in a joint faculty appointment and one is terminated for cause or otherwise is unwilling or unable for any reason, except for a reason which may be provided such individual by operation of law, to fulfill the obligations of his/her half-time position in such appointment, the remaining half-time appointee shall be offered the duties and functions of the full-time faculty position. If the remaining individual is unwilling or unable, except for a reason which may be provided by operation of law, to accept the full-time faculty duties of the position, then his/her unwillingness or inability to serve shall serve as the occurrence of the condition subsequent and cause for the termination of such individual's employment at the end of the then current academic year.


RECOMMENDATION: President Farley recommends the proposed Bylaw

amendments be advanced to second reading at the September Board of Regents meeting.

____________________ ______________________

(date) Jerry B. Farley, President

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