Agenda Item No. V. B. 1. a.

Washburn University Board of Regents







SUBJECT: Bylaw Amendment, Second Reading





DESCRIPTION: The Board heard a proposed amendment to Article V, 7 of the University's Bylaws on first reading at its July 24, 2002 meeting. The purpose of the amendments is to permit, following the established recruitment process for a single faculty position, the appointment of two persons sharing the position and for the subsequent ability to petition for the award of tenure. Current University policy limits the right to petition for tenure to full-time faculty with the rank of instructor or higher. Below is the text of the Bylaw Amendment presented on first reading.





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 Farely recommend adoption of the proposed amendments to Article V, 7 of the University's Bylaws.











_______________________ _________________________

(date) Jerry B. Farley, President


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