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14.
Appointment with Tenure
a. In General
A faculty member granted tenure may continue in
the rank to which he/she has been appointed with
tenure, or at a higher rank, until retirement, unless
the University finds it necessary after due process,
to invoke its right to terminate the association
at an earlier date. Termination must be based upon
proof of adequate cause for dismissal which will
be related, directly and substantially, to the fitness
or performance of the faculty member in his/her
professional capacity as a librarian, researcher
or creative member of his/her professional field.
If, for reasons of financial exigency or discontinuation
of a program in which a tenured faculty member is
teaching or serving, the termination of a tenured
appointment is proposed, such termination shall
be considered only as a last resort, after every
effort has been made to meet the need in some other
way, and to find for the faculty member a suitable
assignment in the University.
b. Eligibility for Tenure
Tenure is not acquired merely by successive reappointment
over a specified period of time. The granting of
tenure is a positive judgment based on the process
set forth in Section 8 of this Manual. For a positive
tenure decision, a faculty member must have demonstrated
high quality in both teaching and scholarship or
creative activities. There must also be evidence
of the ability to continue significant growth in
these areas and continue to make positive contributions
to the University community.
i. Minimum Rank
To be eligible for an appointment with tenure, a
faculty member must have attained the rank of assistant
law librarian or higher.
ii. Years of Service: Full-Time Faculty
To be eligible for tenure, a full-time faculty member
must have six years of full-time service at the
rank of assistant law librarian, assistant librarian,
or above, at least four of which must be completed
at American University consistent with the waiver
of prior service provisions described in iii.
A faculty member with a new appointment who has
been previously tenured or who was eligible to be
considered for tenure at another institution may,
in exceptional cases, be appointed with tenure after
following appropriate University procedures as described
in section 8.
iii. Waiver of Prior Service
At the time of an initial tenure track appointment,
a faculty member may be granted credit by the University
for prior service. All years of prior service at
American University may be waived. If the service
was at another institution, up to two years of prior
service may be credited towards tenure accrual.
Until the faculty member submits his/her first "File
for Action" for reappointment to the University,
a faculty member may waive such credit towards tenure,
subject to notification through the established
faculty action process. The waiver must be in writing
and filed with the dean of academic affairs. Thereafter,
time credited toward tenure may not be waived, even
at the request of the faculty member, except in
the most unusual of circumstances.
c. Leaves and Accrued Time for Tenure
Certain types of leave do not count as accrued time
for tenure. Eligibility for these leaves is described
in section 17.
Leave Without Pay. A leave without pay
is not included either in accrual of service for
sabbatical eligibility or as part of pre-tenure
service, unless there is advance written agreement
to the contrary by the dean of academic affairs,
in consultation with the individuals and committees
ordinarily involved in recommending faculty personnel
decisions. Normally, if a leave without pay is granted
in the sixth year of pretenure service, the tenure
review will go forward and the time accrues towards
tenure. Periods of partial leave without salary
stop the tenure clock on a proportional basis. These
arrangements and related conditions must have the
prior written approval of the dean of academic affairs.
Research Leave. A Research Leave normally
carries with it accrual of eligibility for tenure
and promotions in rank, but not for sabbaticals.
Faculty members have the right to waive this accrual,
if they specify this waiver as part of their application
for Research Leave. Normally, if the Research Leave
is granted in the sixth year of pretenure service,
the tenure review will go forward and the time accrues
towards tenure.
Parental Delay. A faculty member who is
the primary care-giver for a newly born or newly
adopted child may postpone tenure consideration
for up to one year even if no leave from the University
has been taken.
The maximum number of years of delay will be two
years and this will include all other types of leaves.
d. Prohibition Against a Concurrent Tenured
or Full-Time Appointment at Another Higher Education
Institution
Regular Washington College of Law Library faculty
members who are employed full time at the university
may not, during the term of their appointment, hold
a tenured or full-time position on the faculty of
another higher education institution.
15. Professional Obligations
The University expects that during the terms of
their contracts faculty members will devote themselves
to library service, professional activities, scholarship,
and University service in a fashion that is demonstrably
full-time by any reasonable standard.
Library service at another college or university
at any time requires advance written approval of
the college dean and the provost. This does not
apply to consulting activities referred to in Section
23 b of this Manual.
Washington College of Law Library faculty members
may accept paid positions as adjunct teaching faculty
outside the normal work week with the prior approval
of the director of the Law Library, the dean of
the Washington College of Law and the provost.
a. Teaching or Primary Responsibilities
In the course of providing library service to the
Law School and University community, Law Library
faculty members are encouraged to assume new projects
and additional responsibilities which will broaden
the scope of their positions. Such new opportunities
should be undertaken with due regard for the research
and service obligations incumbent upon law library
faculty.
The University recognizes the diverse roles assumed
by individual faculty members and encourages teaching
units to develop procedures for determining faculty
obligations. Such procedures are to be used to assure
that parity of faculty assignments is achieved within
each teaching unit. Deans and department chairpersons,
within the framework of these general policies,
will make such adjustments upward or downward as
are necessary in individual assignments, based on
the faculty member's actual contributions to, and
involvement in, research or other University programs,
and based on the total mission of the teaching unit.
b. Overload Teaching or Library Service at American
University
The University discourages overload teaching or
library service assignments, with or without compensation,
at American University on the grounds that such
tasks might seriously impair the faculty member's
ability to meet the criteria outlined in Sections
10 through 14 of this Manual. The approval
of overload assignments at American University must
be justified on an emergency basis, or in terms
of the teaching unit's mission, and requires the
express written approval of the faculty member's
teaching unit head, and the dean of academic affairs.
It is recommended that the above-mentioned concern
be conveyed to the faculty member at the time of
approval.
16. Voting Faculty
In University-wide affairs, voting members of the
University faculty include all regular full-time
faculty members and emeriti/ae with the rank of
Instructor or above. A faculty member on leave of
absence from the University retains voting rights.
In college, school, and departmental affairs, the
voting members include all full-time faculty and
emeriti/ae with the rank of Instructor and above
whose principal appointment is with the teaching
unit concerned. Full-time visiting faculty may vote
in college, school, and departmental affairs at
the discretion of the teaching unit, but may not
vote in university-wide elections. A faculty member
having a joint appointment will have voting privileges
in the affairs of one unit which shall be considered
the unit of that faculty member's principal appointment.
He/she may participate in the internal affairs of
the other unit or units in which appointment is
held only at their discretion.
17. Leaves of Absence
a. Justification for Leave
The University endeavors, to the extent which is
possible and practicable, to allow full-time members
of the faculty to be released temporarily from their
assigned duties for activities such as:
• Study in institutions of higher learning
for the purpose of completing requirements for a
higher degree or for post-doctoral study.
• Research and writing, scholarly, and creative
activities.
• Teaching or library service as a visiting
member of the faculty of another college or university.
• Service in government and other public or
private agencies if such service is clearly related
to the assignment or research interests of the faculty
member.
• Military service and essential national
defense activities.
• Recuperation of health.
• Temporary residence in another area when
a spouse's employment and consequent family considerations
require that a faculty member accompany his/her
family.
• Annual leave.
• Family and medical leave.
Generally, leave requests must be supported with
appropriate documentation demonstrating why the
request should be granted. A leave of absence is
granted on a case by case basis and must depend
on the ability of the college or school and teaching
unit concerned to organize the unit's work to permit
the leave without significant additional expense
to the University and without detriment to the unit's
programs. Faculty members with administrative assignments
at all levels must understand that their absence
on any type of leave may affect the on-going operations
of the University so adversely that otherwise laudable
requests for leave may have to be denied on administrative
grounds. All leaves and the related terms must have
the prior written approval of the dean of academic
affairs.
b. Limitations and Conditions
The University cannot permit any member of the full-time
faculty to be away from his/her duties on any type
of leave (or combination of types of leave) for
more than two successive years at a time except
in the cases of serious illness or required active
military service. Ordinarily, a faculty member who
chooses to extend a leave beyond two years will
forfeit his/her position at the University, even
if he/she has not submitted a formal letter of resignation.
When a leave of absence is granted, a Full-Time
Faculty Contract shall set forth the precise terms
of the leave. The faculty member's name and position
will continue to appear in faculty listings printed
in catalogs and other official publications during
the period of his/her leave of absence.
c. Types of Leave
A leave of absence may be designated in one of the
following ways: leave without pay (occasionally,
leave with partial pay, which is so designated);
research leave; sabbatical leave; annual leave;
sick leave; family and medical leave; or terminal
leave.
i. Leave Without Pay
A full-time member of the faculty who has completed
at least one contractual year of service may apply
for complete or partial leave of absence without
pay by addressing to the department chairperson
and/or dean a written request describing in detail
the purposes and duration of the leave and the activities
in which he/she will be engaged. Leave Without Pay
applications, and extensions, should be submitted
by the established deadline and will be processed
in the same manner as all faculty personnel actions.
If a grant application is unresolved by the deadline
for requesting Leave Without Pay, the dean of academic
affairs will accept a statement from a faculty member
of intent to apply for leave if the grant is forthcoming.
The statement of intent must be filed by the announced
deadline.
The University does not make contributions to employee
benefit programs of a faculty member on leave of
absence without pay. However, the faculty member
may continue group insurance benefits by paying
the full cost. Retirement plan contributions cannot
be made on a tax-deferred basis for a faculty member
for whom no salary is being paid by the University.
The Office of Human Resources contacts each faculty
member who is commencing a leave without pay to
notify the individual of the options available.
Tuition privileges, however, will be continued,
but only in those cases where faculty members certify
their intention to return to the University after
the leave has terminated. Any exceptions to this
general policy must be clearly expressed in writing
and approved by the dean of academic affairs.
A leave without pay is not included either in accrual
of service for sabbatical eligibility or promotion
in rank, or as part of pre-tenure service, unless
written approval is obtained from the provost prior
to the leave. The provost will grant or deny approval,
or grant approval of specific conditions, based
on his/her determination of the best interests of
the University.
ii. Research Leaves
Faculty members are sometimes presented with a significant
scholarly, creative or professional development
opportunity funded from a prestigious award or other
notable source outside the University. In such cases,
they may be eligible to apply for a Research Leave.
A faculty member on Research Leave shall be paid
by the University a Research Leave Stipend equal
to ten percent of the faculty member's pre-research
leave base annual salary. The faculty member must
sign the statement of intent to return to the University
after the leave has terminated on the leave application
form.
An application for a Research Leave requires a substantial
demonstration of scholarly merit, prestigious recognition,
and timeliness. In addition to the review and approval
by the teaching unit and dean, applications for
Research Leaves also require review and approval
from the Committee on Faculty Relations, before
submission to the provost for final action.
A Research Leave carries with it accrual of eligibility
for promotions in rank but not for sabbaticals.
A research leave normally accrues as part of pre-tenure
service. Any exceptions must be approved in advance
by the dean of academic affairs. During the period
of a Research Leave, the University will continue
its contribution to the faculty member's retirement
program and other employee benefits, subject to
contributions from the faculty member on Research
Leave. FICA, federal and state taxes are applicable
to certain of the University payments and privileges
provided for in this section.
iii. Sabbatical Leave
A full-time tenured member of the faculty who has
served the University for a period during which
six years of full-time faculty service has accrued,
excluding periods during which he/she is on any
other approved types of leave of absence for which
there is no accrual of eligibility for sabbatical
leave, is eligible for sabbatical leave. A faculty
member may apply for Sabbatical Leave of absence
by addressing a written request to the teaching
unit head and dean and by completing the Application
for Leave of Absence, available from the dean of
academic affairs. The application must outline in
detail an educational program which the applicant
agrees to follow. This program must be approved
by the suitable departmental, school, or college
committee, and the responsible academic officers
as feasible and consistent with the applicant's
professional responsibilities.
Sabbatical Leave is not granted for the purpose
of taking remunerative employment of any sort, without
specific justification of such employment as an
education program, and approval by the relevant
teaching unit council, dean, and Committee on Faculty
Relations.
A Sabbatical Leave is granted for library faculty
either for five or ten months. A faculty member
will be paid his/her budget salary during a Sabbatical
Leave of five months or one-half of the budgeted
salary during a Sabbatical Leave of ten months.
While on Sabbatical Leave, the faculty member accrues
time towards promotion.
In unusual cases, a Sabbatical Leave may be authorized
for two summers for members of the faculty appointed
for service on a twelve-month basis.
The faculty member on such a Sabbatical Leave receives
his/her usual budgeted salary during two summers
and the leave is recorded as a Sabbatical Leave
for one session. Such leave is in addition to earned
annual leave. The two-summer Sabbatical Leave is
authorized primarily for the benefit of persons
with administrative duties which make it difficult
to release them for purposes of their own research
and study during the Fall and Spring sessions.
The fact that a faculty member has fulfilled the
stated requirements for a Sabbatical Leave, or that
the applicant is strongly supported, does not guarantee
that the leave can be scheduled at the time preferred
by the applicant. The needs of the University and
both budgetary and administrative considerations
are important factors in the final determination.
A Sabbatical Leave cannot be extended beyond the
period for which it was originally granted. A faculty
member on Sabbatical Leave who wishes to extend
his/her leave may, however, apply for Leave Without
Pay and if that can be granted, he/she will be subject
to all conditions governing such leaves.
Faculty members who accept a grant of sabbatical
leave are obligated not only to pursue the educational
program for which the leave was granted but also
to continue in the service of the University for
at least one academic year following the leave period,
unless other arrangements are agreed to by the University.
After completing a Sabbatical Leave, a faculty member
will not be eligible for another Sabbatical Leave
until he/she has completed another period of six
successive years of full-time service, excluding
the periods of leave for which there is no accrual
of eligibility for sabbatical leave, and after the
faculty member has made application in the usual
way. An exception may be made in the case of a faculty
member who has been requested to defer a Sabbatical
Leave for the convenience of the University. Such
a faculty member may be considered for another such
leave after the expiration of a period of years
following the deferred leave calculated by subtracting
from six years the number of years by which the
Sabbatical Leave was deferred (excluding other types
of leave for which there is no accrual of eligibility
for sabbatical leave).
In order to define clearly the University's position
and to protect the interests of faculty members
who are asked, because of exceptional circumstances,
to defer Sabbaticals, the provost must approve and
confirm agreements for deferral of Sabbaticals for
the convenience of the University. Requests should
be directed to the provost with documentation, including
a statement of the Sabbatical Leave project of the
faculty member and a statement by the appropriate
dean of the reason for deferral.
Faculty members, regardless of the total number
of years of their service, who elect not to take
Sabbatical Leaves of Absence, are at no time entitled
to other types of leaves or payments in lieu thereof.
iv. Annual Leave
A library faculty member earns twenty-one days (day
is equivalent to 7 hours) of leave with pay during
each year of service. Leaves must be approved in
advance and they must be taken when they will not
interfere with the ongoing work of the department.
After five years of continuous service as a library
faculty member at the American University Library
or the Washington College of Law Library, annual
leave is earned at the rate of twenty-four days
of leave with pay during each year of service.
Annual leave is not accrued while a library faculty
member is on Leave Without Pay or on Short-Term
Disability.
v. Sick Leave
A library faculty member accrues sick leave at the
rate of twelve days per year. (Library and Washington
College of Law Library faculty members appointed
prior to July 1, 1976 do not accrue sick leave).
vi. Family and Medical Leaves
Please refer to the Faculty/Staff Benefits manual
for details on this type of leave.
vii. Terminal Leave
Terminal leave may be provided for through agreement
between the faculty member and the University or
granted as recognition of service in exceptional
circumstances. Whether pay is continued during terminal
leave will depend upon the circumstances in which
the leave is granted. Exceptionally meritorious
faculty who has served the University for a relatively
long period of time may be granted terminal leave
with pay during the regular academic semester immediately
preceding retirement in anticipation of that retirement
as an expression of the University's gratitude for
past service.
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