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    Chattanooga State Technical Community College
   
 
  Dec 12, 2017
 
 
    
Policies

02:19:01 Faculty Evaluation and Tenure


02:19:01 Faculty Evaluation and Tenure

  1. Introduction: Academic Tenure
    1. Tenure is a status pursuant to which faculty appointments for the academic year in an organizational unit (e.g., a department or discipline or program of the College) are continued until retirement or physical or mental disability, subject to dismissal for adequate cause or unavoidable termination on account of financial exigency or curricular reasons.  Tenure is awarded only by positive action by the Board, pursuant to the requirements and procedures of the policy, at Chattanooga State Community College. The awarding of tenure is recognition of the merit of a faculty member and of the assumption that he or she would meet the long-term staffing needs of the department or division and the College. The continued professional growth and development of faculty is necessary to continue to provide education programs in accordance with the institution's mission, goals, and changing needs. The quality of the faculty is assessed primarily through annual evaluation that includes appraisal by peer committees and academic supervisor(s) of each candidate for tenure. Tenure is only awarded to those members of the faculty who have exhibited professional excellence and outstanding abilities sufficient to demonstrate their future services and performances justify the degree of permanence afforded by academic tenure.  Chattanooga State does not award tenure in non-faculty positions.
  2. Definitions
    1. The following are general definitions of terms used in this policy. They are further defined in the subsequent sections of this policy.
      1.  Academic Tenure - A personnel status in an academic department or academic program unit pursuant to which the academic or fiscal year appointments of full- time faculty who have been awarded tenure are continued at the college (Chattanooga State) until the expiration or relinquishment of that status, subject to termination for adequate cause, for financial exigency, or for curricular reasons.
      2. Academic Unit Tenure Committee - This standing committee shall be formed by the dean of the applicant's division and will contain all tenured faculty from the applicants discipline and/or closely related discipline with no fewer than five tenured faculty from that division.  If a division lacks a sufficient number of tenured faculty then tenured faculty from a closely related discipline in another division will be asked to serve on the committee.  The Immediate Supervisor and Dean of that division shall not serve on the Academic Unit Tenure Committee.  The chair will be the most senior faculty member on the committee (see TBR Policy No. 5:02:03:70)
      3. Adequate Cause -A basis upon which a faculty member-either with academic tenure or on a tenure-track, term, or temporary appointment-prior to the end of the specified term of the appointment may be dismissed or terminated.  The specific grounds which constitute adequate cause are set forth herein.
      4. Financial Exigency - The formal declaration by TBR that one or more of its community colleges faces an imminent financial crisis, that there is a current or projected lack of sufficient funds (appropriated or non-appropriated) for the campus as a whole to maintain current programs and activities at a level sufficient to fulfill educational goals and priorities, and that the budget can only be balanced by extraordinary means that include termination of existing and continuing academic and non-academic appointments.
      5. Faculty Member - A full-time permanent employee who holds academic rank as instructor, assistant professor, associate professor, or professor.
      6. Probationary Employment - Period of full-time professional service by a faculty member for whom an appointment letter denotes a tenure-track appointment in which he/she does not have tenure and in which he/she is evaluated by the college for the purpose of determining his/her satisfaction of the criteria for a recommendation for tenure.  Probationary employment provides an opportunity for the individual to assess his/her own commitment to the college and for the college to determine whether the individual meets its perception of quality and projected need.
      7. Temporary Appointments - Non-tenurable appointments for a specific purpose for a time appropriate to that purpose or for an unspecified period.  Temporary appointments may be terminated according to the terms of the contract of employment or appointment. Temporary appointments should ordinarily only be used to replace regular faculty on leave of absence, to employ faculty pursuant to grants, or for projects funded in whole or in part by non-appropriated funds.  In addition, temporary appointments may be used for faculty employed on the basis of state appropriated funds in departments, divisions, or other academic units where a permanent and continued need for the position has not been established, provided that such appointments normally should not exceed three academic years.  Faculty in temporary appointments are appointed in rank but are not eligible for promotion in rank.  Temporary appointments may not be converted to term, tenure-track, or tenure appointments.
      8. Appointments of faculty members supported more than fifty percent (50%) by grant funds, or other soft money sources, may be approved by the president for periods in excess of three academic years.  Other extensions of temporary appointments for periods in excess of three academic years require the approval of the Chancellor.
      9. Tenure Appointments - Appointments of full-time faculty who have been awarded tenure by the Board pursuant to the provisions of this policy.  Tenure appointments include the assurance of continued employment for the academic or fiscal year for an indefinite period, subject to expiration, relinquishment, or termination of tenure as provided in TBR policy.  Such appointments do not include assurance of continued employment at any specified salary or position or employment during summer sessions or inter-sessions.
      10.  Tenure-track Appointments - Appointments for full-time faculty with academic rank and may be for the academic or fiscal year.  Tenure-track appointments are for faculty who are employed in a probationary period of employment preliminary to consideration for tenure.  Tenure-track appointments shall not include any right to permanent or continuous employment, shall not create any manner of legal right, interest, or expectancy or renewal or any other type of appointment and shall be subject to annual renewal by the institution.
      11. Term Appointments - Non-tenurable appointments in a traditional rank (e.g., instructor, assistant professor) for a fixed period of no more than one year that may be renewed with no presumed maximum number of reappointments.  Faculty should be placed on term appointments only when one or more of the following employment conditions is present:
      12.  As a means for addressing staffing needs when a projected need is more than temporary but less than long term,
      13. To staff programs projected to phase out in a fixed period, or
      14.  When the size of a staffing cohort is projected to extend beyond the normal period for a temporary appointment but is not of sufficient length to warrant a tenure-track or  tenured appointment. Term appointments shall not be used as a means for continuing employment of tenure-track faculty appointments when a negative tenure decision has been made or is projected. 
      15. Since it is not intended that term appointments be used to meet long-term staffing needs, a faculty member should not remain in a term appointment for more than six years. If it is determined that a position is warranted beyond the maximum six-year period, a new tenure-track position should be sought to replace it.  The holder of the term appointment may apply and be considered for the tenure-track appointment, and the institution may award up to three years' credit for prior service.  Other term appointment holders may also apply for the new position and receive service credit.  The amount of credit awarded is left to the discretion of the president and is determined based upon the recommendation of the chief academic officer.
      16. Exceptions to the six-year maximum may be granted annually if it is: 1) requested by the affected faculty member and his/her supervisor, 2) recommended by the appropriate dean and chief academic officer, and 3) approved by the college president.
  3. Consideration for Tenure
    1. Minimum Eligibility Requirements for Consideration for Academic Tenure
    2. Academic tenure may only be awarded to regular full-time faculty members, including those occupying administrative positions, who:
    3.  Hold academic rank as Instructor, Assistant Professor, Associate Professor, or Professor and meet the minimum rank criteria for the rank held under the Board Policy No. 5:02:03:70 and Chattanooga State Policy No. 06:93:00.
    4.  Have been employed pursuant to tenure-track appointments and have completed not less than the minimum probationary period of 5 years and/or as agreed upon in writing and signed by the president and/or his/her designee. The probationary period may not exceed 6 years.
    5. Have been determined by the College to meet the criteria for recommendation for tenure and have been so recommended pursuant to this policy (refer to Section 5).
    6.  Faculty holding temporary or term appointments are not eligible for tenure.
    7.  Faculty members supported in whole or in part by funds available to the College on a short-term basis, such as grants, contracts, or foundation sponsored projects, will not be eligible for tenure unless continuing support for such members can be clearly identified in the regular budget of the College upon the recommendation of tenure to the Board.
    8.  No faculty member will be eligible for tenure in a non-faculty position; provided that where a faculty member with tenure is appointed to an administrative position, he or she will retain tenure in a former faculty position only; and provided further that a faculty member eligible for tenure who also holds a non- faculty position may be awarded tenure in the faculty position only.  Such faculty must demonstrate significant involvement in academic pursuits including teaching and instruction-related activities, service/outreach and scholarship/creative activities/research.  Notwithstanding the above, an individual previously awarded administrative tenure by the Board of Education will retain such tenure if the College has continuously employed the individual since award of such tenure.
    9.  Chattanooga State may establish additional reasonable requirements for the eligibility of faculty for consideration of tenure. These may include but are not limited to the completion of a specified degree in the faculty member's discipline.

Source:  Tennessee Board of Regents Policy No. 5:02:03:70.  Approved Executive Staff, President's Cabinet, and President, August 21, 2000.

  1. Length of Probationary Employment
    1. Probationary faculty may be employed on annual tenure-track appointments for a probationary period of which may not exceed six (6) years. The faculty member may apply for tenure following a probationary period of not less than five (5) years, provided that exceptions to the minimum probationary period may be made under special circumstances upon recommendation by the president and approval by the Chancellor. Upon approval of such an exception by the Chancellor, the faculty member's recommendation for tenure will go forward to the Board as meeting the requirements for the probationary period.
    2. Calculating the Probationary Period - Only full-time continuous service at a college will be included in determining completion of the probationary period, unless a break in service is approved.  Employment during summer terms and in part-time positions shall not be credited toward satisfying the probationary period.
    3.    Credit for Prior Service
      1. The minimum probationary period of five years may include credit for prior service when agreed to by the president, and subject to the maximum permissible credit for prior service as noted below:
      2. Credit toward completion of the probationary period may at the discretion of the president be given for a maximum of three years of previous full- time service at other colleges, universities, or institutes provided that the prior  service is relevant to the institution's own needs and criteria. Any credit for prior service that is recognized and agreed to must be confirmed in writing at the time of the initial appointment.
      3. Credit toward completion of the probationary period may, at the discretion of the president, be given for a maximum of three years or previous full- time service in a temporary faculty appointment or term appointment at the same institution (refer to 2.  Definitions or TBR Policy 5:02:07:00) or in an earlier tenure- track appointment at the same institution that has been followed by a break in service.  Any credit for prior service in a temporary full-time faculty appointment at Chattanooga State or in an earlier tenure-track appointment at Chattanooga State that has been followed by a break in service must be recognized and confirmed in the appointment letter to a tenure-track position.
  2. Leave of Absence
    1. The period of approved leave of absence shall be excluded from the required probationary period.  A faculty member may apply for a maximum of two, non-consecutive one-year increments.  Exceptions may be granted by the president of the college in writing prior to the leave of absence.  Exceptions may include: (a) crediting the leave periods the probationary period and/or (b) granting more than two, non-consecutive one-year increments.  Exception (b), per TBR policy, requires approval of the Chancellor of TBR.
  3.  "Stopping the Tenure Clock"
    1. A faculty member may request to "stop the tenure clock" during his/her probationary period when circumstances exist that interrupt the faculty member's normal progress toward qualifying for tenure. In such cases, the faculty member may request to "stop the tenure clock" for one-year if he/she demonstrates that circumstances reasonably warrant the interruption. Reasons will typically be related to a personal or family situation requiring attention and commitment that consumes the time and energy normally addressed to faculty duties and professional development. Examples may include childbirth or adoption, care of dependents, medical conditions or obligations, physical disasters or disruptions, military deployment, or similar circumstances.
  4. Administrative Appointments
    1. A faculty member appointed to an administrative position may remain eligible for tenure consideration. The faculty member must: 1) qualify for tenure under the college's guidelines, and 2) maintain significant documented involvement in academic pursuits including teaching, service/outreach, and scholarship/creative activities/research.
    2. Transfer to Another Department or Unit
    3. When a faculty member is serving a probationary period in a department or academic program unit and subsequently is transferred to another department or unit, the faculty member may (with the approval of the president) elect to begin a new probationary period on the date the transfer occurs.  If he/she does not so elect and confirm this in writing to the president, time spent in the first appointment shall count toward establishing the minimum and maximum probationary period.
  5. Tenure Appointments
    1. The recommendation for tenure must be made by the president to the chancellor and by the chancellor to the Board of Regents.  In the event that the tenure is awarded by TBR, the president shall furnish to the faculty member written confirmation of the award.  The effective date of tenure would be the beginning of the ensuing academic year.  The locus of tenure is awarded as appropriate in the department or division of the faculty member depending upon the organizational structure of the college. 
    2. No other person shall have any authority to make any representation concerning tenure to any faculty member.  Failure to give timely notice of non-renewal of a contract shall not result in the acquisition of a tenure appointment, but shall result in the right of the faculty member to another year of service at the college, provided that no tenure appeals to the Chancellor remain outstanding due to lack of cooperation and/or appropriate action on the part of the candidate in completing the appeal process.
  6. Exceptions to Minimum Rank Qualifications
    1. The minimum rank qualifications should be met in every recommendation regarding appointment to academic rank and for promotion in academic rank.
  7. Criteria to be Considered in Tenure Recommendation
    1. The criteria for a recommendation of tenure depend upon the nature, mission, and goals of the college and of the department or academic program unit in which a faculty member is employed. The faculty member must demonstrate willingness and ability to work effectively with colleagues and in a professional manner to support the mission of the institution and the common goals of both the institution and of the academic organizational unit. Moreover, criteria for tenure relate to the college's three traditional and often inter-related missions: teaching, service/outreach, and scholarship/creative activities/research.
    2. Criteria for Tenure
      1. Criteria for tenure relate to the college's three traditional missions: teaching, service/outreach, and scholarship/creative activities/research. At Chattanooga State, effective teaching is of paramount importance.  Student support and academic advising are  also critical activities and therefore will be evaluated as an additional criterion.  Specific criteria for tenure include the following:
    3. Teaching
      1. Effective teaching is an essential qualification for tenure, and tenure should be granted only with clear and documented evidence of a candidate's teaching ability and potential for continued development. Each of the items listed below must be submitted as evidence of effective teaching and be included in the evaluation portfolio.
        1. Evidence of ability to organize and present subject matter in a logical and  meaningful way
        2. Evidence of ability to motivate and stimulate creativity in students
        3. Statement of teaching philosophy
        4. Course materials (i.e., course syllabi, handouts, exams/evaluation instruments, instructional materials), and
        5. Results of student evaluations for every course evaluated during the probationary period
    4. Additional types of documentation may also include:
      1. Open-ended or other student input,
      2. Student products
      3. Teaching recognitions/awards,
      4. Evidence of professional development in teaching,
      5. Evidence of disciplinary or interdisciplinary program or curricular development,
      6. Alumni surveys,
      7. Student exit interviews,
      8. Evidence of supervision of student projects and other forms of student mentorships, and
      9. Other evidence of excellence in teaching or mentoring, or both.
    5. College Service/Community Outreach
      1. Service and/or outreach encompass a faculty member's activities in college service, outreach or public service, and professional service. Evidence of performance in one or more of the following activities should be submitted.
        1. College service refers to activities other than teaching and scholarship performed at the department or college level. It is expected of every faculty member; indeed, colleges could hardly function without conscientious faculty who perform committee work and other administrative responsibilities. College service includes, but is not limited to, serving on departmental committees, advising students, and participating in college activities and on college committees.  More extensive citizenship functions such as membership on a specially appointed task force, serving as advisor to the college-wide student organization, and membership on a college search committee should be taken into account in consideration for tenure.
        2. The outreach or public service is the college's outreach to the community and society at large, with major emphasis on the application of knowledge for the solution of problems with which a society is confronted.  Outreach primarily involves sharing professional expertise and should directly support the goals and mission of the college.  A vital component of the college's mission, public service must be performed at the same high levels of quality that characterized the teaching and research programs.
        3. Professional service refers to the work done for organizations related to the faculty member's discipline or the teaching profession generally.  Service to the profession includes activities such as service on statewide or TBR committees, guest lecturing on other campuses, and other appropriate activities.
    6. Professional Development/Scholarship
      1. Candidates for tenure must present documented evidence of their scholarship, creative activities, and/or research.  Such evidence should cite typical professional development activities such as presentations at a professional meeting, journal editorship, and article and grant proposal review, performances, exhibitions, creative activities, as well as completing books, journal articles, or monographs, and other appropriate activities.The scholarship of teaching is a valid measure of research capability. It goes beyond doing a good job in the classroom; creative teachers should organize, record, and document their efforts in such a way that their colleagues may share their contributions to the art of teaching. Authoring appropriate textbooks or chapters within a book, writing educational articles, making presentations, and using innovative contributions to teaching, constitute scholarship of teaching.
        1. Performances, compositions, and other artistic creations are examples of appropriate creative activities. Documentation of such activities might include written reviews and evaluations by qualified peers.
        2. Publications in journals or media of similar quality are considered indicators of professional and/or scholarly activity.
        3. Publications that are reviewed by peers are more significant than those that are not subjected to such rigorous examination. It should be emphasized that quality is more important than quantity.
        4. Student Support
      2. Student support is defined as activities that enhance the college's recruitment, retention, and student placement initiatives.  The following are examples of, but not limited to, appropriate activities for student support:
        1. Participation in student recruitment drives
        2. Participation in high school visits
        3. Participation in student advising workshops
        4. Participation in retention initiatives at the department, division, or college levels
        5. Participation in a student coop program
        6. Conducting student success workshops
        7. Sponsorship of and/or participation in student organizations
        8. Participation in student mentoring programs    
        9.  Academic Advising
    7. Candidates for tenure must present documented evidence of their advising activities.  The evidence may include but is not limited to the following:
      1. Academic/Educational Plans
      2. Graduation Applications
      3. Program Information Sessions
      4.  Serving as a Master Advisor
      5. Communication to Advisees
      6. Career Fairs
      7. Orientations
      8. Club Sponsorship
      9. Student Mentoring
      10. Tenure Review Process
        1. Faculty eligible for tenure will demonstrate professional excellence and outstanding abilities through the annual faculty review procedures at the college.  In an effort to assist the college in making a tenure recommendation, faculty pursuing tenure status will participate in a structured annual review process to include
        2. peer mentoring (5.2.1.)
        3. portfolio development (5.2.2.), and;
        4. multi-level review (5.2.3.)
  8. Peer Committee and Mentoring
    1.  Each faculty member working toward promotion and/or tenure will have a Peer Committee consisting of three members, who should be tenured faculty members in the same department or division whenever possible.  If sufficient tenured faculty members are not available within a department or division to serve on peer committees, every effort should be made to secure tenured members from other academic units. Exceptions to the above criteria must have the approval of the appropriate Dean.  The faculty member selects one member of the committee and the supervisor selects a second member.  The third member is chosen by mutual agreement between the faculty member and supervisor.  A vacancy in the committee shall be filled in accordance with the above criteria.
    2.  The peer committee shall serve in a mentoring as well as an evaluative capacity with the chair of the committee serving as the principal mentor.  Committee members are expected to help tenure-track faculty understand the expectations of the college in areas of teaching and instruction-related activities, service/outreach, and scholarship/creative activities/research.  Committee members will do this by providing encouragement and guidance and serving as a teaching resource as tenure-track faculty set and achieve goals in these areas. 
    3. The Peer Committee shall be responsible for critically reviewing instructional materials, annual goals, and activities in the areas of professional development, student support, and college and community service and providing mentoring for continuous improvement. 
    4. In addition to these responsibilities, the Peer Committee will provide to the immediate supervisor annual formative and summative feedback on the performance of the candidate.  The Peer Committee does not make recommendations for or against tenure.
    5. Prior to application for tenure, tenure-track faculty, in consultation with their Peer Committee chair, may request a preliminary review by an ad hoc tenure review committee as a mechanism to assess the progress of the candidate for tenure.  This committee shall be composed of
      1. the Peer Committee chair will act as chair of the committee,
      2. one tenured faculty from outside the academic unit, not currently serving on the peer committee, and  mutually agreed upon by the applicant and the Peer Committee chair and the chair or dean of the academic unit where tenure will be granted.
  9. Faculty Portfolio
    1. The goal of portfolio development is to ensure that factual information relative to a candidate's performance is made available for tenure consideration.   The portfolio is the vehicle that allows faculty members to provide both qualitative and quantitative evidence of improvement and/or effectiveness in the areas of teaching, service/outreach, and scholarship/creative activities/research on an annual basis. All tenure-track faculty are required to attend a portfolio development workshop during their first year of appointment and any subsequent required portfolio workshops during their probationary period.  All tenure-track faculty are responsible for developing their portfolio according to policy and guidelines and for meeting all established deadlines pertaining thereto.
    2. The development and review of the portfolio extends throughout the academic year.  Preparation of the portfolio should allow faculty members the opportunity to summarize their accomplishments and achievements as well as to reflect and receive feedback on their professional growth and development.  The portfolio includes review forms as well as descriptive lists of activities that support achievement of criteria in each category.  The annual portfolio is not intended to reflect everything that has been done during the year; rather, it should highlight the best of what a faculty member has accomplished.
    3.  When a faculty member is eligible for tenure application, the portfolio is expanded to include materials from the three most recent years in which the faculty member has taught.  These years will normally be consecutive, unless they are interrupted by some type of approved leave or extensive service to the college in areas other than teaching.  Approved service to the college in areas other than teaching will count toward the probationary time period.
    4. The listing of required elements to be included in the portfolio is found in TBR Policy 5:02:03:70 and also in the college promotion policy. 
  10. Multi-level Review
    1. Recommendations for or against tenure at Chattanooga State originate from the department or academic program unit in which the faculty member is assigned.  The annual review process for tenure-track faculty begins with the formation and/or continuation of the Peer Committee at the beginning of the academic year and concludes with returning faculty submitting the next academic year's goals to the committee and their Immediate Supervisor.  The review process changes when a tenure-track faculty enters tenure application.
  11. Tenure-Track Faculty Review
    1. New tenure-track faculty are required to attend a portfolio workshop during their first semester of appointment.  They will meet with their Immediate Supervisor to develop a Peer Committee and to complete initial faculty goal setting during the first two weeks of appointment.  Returning tenure-track faculty will confer with their Peer Committee about goals and expectations that were agreed upon during the previous spring semester and will present any goal revisions to their Immediate Supervisor and Dean no later than the end of September. 
    2. All tenure-track faculty will participate in facilitating the Student Evaluation process by due dates set by Institutional Research. 
    3. Tenure-track faculty will continuously work toward satisfactory completion of their portfolio in concert with their Peer Committee and Immediate Supervisor and in accordance with this policy.  They will provide all preliminary materials and the final annual portfolio to their Peer Committee by the due date established in the Faculty Evaluation Calendar.
    4. The Peer Committee for tenure-track faculty will return preliminary portfolio materials with feedback and provide the tenure-track faculty's Immediate Supervisor with the final annual portfolio containing comments by the due date established in the Faculty Evaluation Calendar.  
    5. The Immediate Supervisor will complete the Annual Supervisor Evaluation by the due date established in the Faculty Evaluation Calendar and insert it into the final annual portfolio.  The Immediate Supervisor will review the final annual portfolio with the tenure-track faculty, sign and forward it to the Dean by the due date established in the Faculty Evaluation Calendar. During the portfolio review session, goals for the upcoming year will also be discussed.
    6. The Dean will review and sign the final annual portfolio and forward it to the Vice-President for Academic Affairs by the due date as established in the Faculty Evaluation Calendar. 
    7. The Vice-President for Academic Affairs will review and sign the final annual portfolio and will be make it available to tenure-track faculty upon their return to campus in the upcoming year.
  12. Tenure-Applicant Review
    1. Tenure applicants must notify their Immediate Supervisor in writing of their intent to apply for tenure no later than the due date as established in the Faculty Evaluation Calendar. 
    2. The Immediate Supervisor will notify the Dean in writing of eligible faculty intending to apply for tenure no later than the due date as established in the Faculty Evaluation Calendar.
    3. The Dean will notify the Vice-President for Academic Affairs of eligible faculty in their division intending to apply for tenure no later than the due date as established in the Faculty Evaluation Calendar.  At that time, the Dean will also provide the Vice-President for Academic Affairs a list of the members of the Academic Unit Tenure Committee(s) within the division for the current year.
    4. Tenure-applicants will be especially diligent in working with their Peer Committee and Immediate Supervisor and in meeting all timelines during their application of tenure.  Their portfolio is expanded to include evaluative materials from the three most recent years in which they have taught.  These years will normally be consecutive, unless they are interrupted by some type of approved leave or extensive service to the college in areas other than teaching.  They will submit their preliminary portfolio materials by the due date for all tenure-track faculty as established in the Faculty Evaluation Calendar.
    5. The Peer Committee will return the preliminary portfolio materials to the tenure-applicant at the due date as established in the Faculty Evaluation Calendar, which will be prior to that of other tenure-track faculty. 
    6. Tenure-applicants will provide their final portfolio to their Peer Committee at the due date as established in the Faculty Evaluation Calendar, which will be prior to that of other tenure-track faculty.
    7. The Peer Committee will provide the final portfolio containing their signed comments to the Immediate Supervisor who will make it available to members of the Academic Unit Tenure Committee by the due date established in the Faculty Evaluation Calendar.  The Peer Committee does not make recommendations for or against tenure. The Academic Unit Tenure Committee will convene as needed to consider tenure applicants.
    8. The Academic Unit Tenure Committee will have access to review the portfolio of tenure track faculty annually, during the fall semester.  The purpose of the review is to familiarize the committee with the progress of tenure track faculty each year of the probationary period.  The committee members may request additional information if questions arise during the annual portfolio review.   Any such requests for information or questions arising during the annual portfolio review should be sent to the Academic Unit Tenure Committee Chair for distribution to the faculty member, supervisor, and chair of the peer committee.
    9. In the decision year, the tenure applicant's portfolio will be kept in a central location for members of the Academic Unit Tenure Committee to review. Following this period of review, a formal meeting of the Academic Unit Tenure Committee will be called by the committee chair.  Following discussion of the applicant, the committee chair will compile anonymous votes from members for or against tenure recommendation for the tenure-applicant. The Academic Unit Tenure Committee chair will provides the Immediate Supervisor with the portfolio and the written result of the advisory vote in a memorandum listing the actual number of votes both for and against tenure by the due date established in the Faculty Evaluation Calendar. 
    10. The Immediate Supervisor meets with the tenure applicant to review the portfolio The portfolio, the written result of the Academic Unit Tenure Committee's advisory vote, and the Immediate Supervisor's evaluation and recommendation are discussed with the applicant and then forwarded to the Dean by the due date established in the Faculty Evaluation Calendar.
    11. The Dean will meet with the tenure applicant to review the portfolio and provide her/his recommendation.  The Dean provides the portfolio, the Academic Unit Tenure Committee's advisory vote, and his/her recommendation to the Vice-President for Academic Affairs by the due date established in the Faculty Evaluation Calendar.
    12. The Vice-President for Academic Affairs provides the portfolio and her/his recommendation to the President by the due date established in the Faculty Evaluation Calendar.
    13. The recommendation for tenure must be made by the President to the chancellor and by the chancellor to the Board of Regents.  In the event that tenure is awarded by TBR, the president shall furnish to the faculty member written confirmation of the award.  The effective date of tenure would be the beginning of the ensuing academic year.  The locus of tenure is awarded as appropriate in the department or division of the faculty member depending upon the organizational structure of the college. 
    14. No other person shall have any authority to make any representation concerning tenure to any faculty member.  Failure to give timely notice of non-renewal of a contract shall not result in the acquisition of a tenure appointment, but shall result in the right of the faculty member to another year of service at the college, provided that no tenure appeals remain outstanding due to lack of cooperation and/or appropriate action on the part of the candidate in completing the appeal process.
  13. Tenured Faculty Review
    1. Tenured faculty submit an abbreviated annual portfolio including:
  1. Goal Setting and Achievement          
  2. Student Evaluations          
  3. Annual Supervisor Evaluation          
  4. Documentation of other accomplishments or service as requested
  1. Schedule of Review Process
    1. The schedule for tenure review will be determined by the Vice-President of Academic Affairs and published on the Faculty Evaluation Calendar.
  2. Changes in Tenure and Tenure-Track Status
    1. Non-renewal of Probationary, Tenure-track Faculty
      1. When tenure-track appointments of faculty are not to be renewed, the faculty member shall receive notice of his/her non retention for the ensuing academic year as follows:
        1. No later than April 1 of the first academic year of service, if the appointment expires at the end of that year; or, if the appointment terminates during an academic year, at least two months prior to its termination.
        2. No later than January 1 of the second year of service, if the appointment expires at the end of that year; or, if the appointment terminates during an academic year, at least five months prior to its termination.
        3. No later than the close of the academic year preceding the third or subsequent year of service, if the appointment expires at the end of that  year; or, if the appointment terminates during an academic year, at least  twelve months prior to its termination.
        4. Notice of non-renewal shall be effective upon delivery of the notice to the faculty member, or upon the date the notice is mailed, postage prepaid, to the faculty member at his/her current address of record in the Human Resources Office at the college.  Failure to receive timely notice of non-renewal will not result in the acquisition of a tenure appointment but will result in the right of the faculty member to another year of service at the College.
        5. Faculty members on tenure-track appointments will not be terminated during the specified term of appointment except for the same reasons for termination of tenured faculty.  Non-renewal of a faculty member who is on tenure-track appointment does not necessarily imply that work or conduct has been unsatisfactory.  A faculty member whose tenure-track appointment is not renewed will be given an oral statement of reasons for non-renewal by the President or designated representative and may request a meeting with the President or designated representative to discuss non-renewal.
        6. Applicable dates for notice of non-renewal are based upon actual years of service at Chattanooga State and are in no way affected by any credit for prior service that may be awarded.
        7. When a faculty member in a tenure-track appointment completes his/her probationary period, the faculty member will be given notice of non-renewal of the appointment during the spring term following application for such status.   Such notice of non-renewal should be given not later than the final day of the academic year. The faculty member's right in an instance where timely notice is not given is described in TBR policy.
  3. Faculty members on tenure-track appointments shall not be terminated during the term of the annual appointment as stated in the employment contract except for reasons that would be sufficient for the termination of tenured faculty.
  4. The non-renewal or non-reappointment of any faculty member on a tenure-track appointment does not necessarily carry an implication that his/her work or conduct has been unsatisfactory.
  5. Unless there is a violation of state or federal law under the limitations described in the TBR Policy on Appeals (1:02:11:00), decisions that are not subject to appeal to the Chancellor include (a) non-renewal of a tenure-track faculty appointment during the first five years of the probationary period and (b) denial of tenure unaccompanied by notice of termination in the sixth year of the probationary period.
  6. Transfer of Tenure
    1. Where a faculty member is tenured in an academic program unit he/she may be transferred to another academic program unit. In such cases, the transfer will be made with tenure; moreover, the tenure appointment will be transferred to the new academic program unit. In no instance may the faculty member be compelled to relinquish tenure as a condition for affecting the transfer.
    2. When a faculty member with tenure is appointed to an administrative position, he/she will retain tenure in the former faculty position only; and a faculty member otherwise eligible for tenure who also holds a non-faculty position may be awarded tenure in the faculty position only, subject to the requirements of this policy.
  7. Expiration of Tenure
    1. Tenure status shall expire upon retirement of the faculty member. Tenure shall also expire in the event of permanent physical or mental inability of a faculty member, as established by an appropriate medical authority, to continue to perform his/her assigned duties.
  8. Relinquishment of Tenure
    1. A faculty member shall relinquish or waive his/her right to tenure upon resignation from the college or upon failure to report for service at the designated date of the beginning of any academic term, which shall be deemed to be a resignation unless, in the opinion of the president, the faculty member has shown good cause for such failure to report.
  9. Termination for Reason of Financial Exigency
    1. The employment of a tenured faculty member may be terminated as a result of financial exigency at a college subject to TBR declaration that such financial conditions exist. See TBR Policy on Financial Exigency (5:02:06:00).
  10. Termination of Tenure for Curricular Reasons
    1. The employment of a tenured faculty member may be terminated because (1) an academic program is deleted from the curriculum or (2) because of substantial and continued reduction of student enrollment in a field or discipline.
    2. Before declaring that curricular reasons exist, the president will ensure meaningful participation by the college's representative faculty body in identifying the specific curricular reasons, evaluating the long-term effect on the college's curriculum and its strategic planning goals, and judging the advisability of initiating further action.
    3. Prior to initiating the process described below, the president  or his/her designee will present to the Faculty Senate-either verbally or in writing-a description of curricular reasons that may warrant the termination of a tenured faculty member's employment. Each of these reasons for termination of tenure for curricular reasons must denote shifts in staffing needs that warrant greater reductions than those which are accommodated annually in light of shifting positions from one department to another or among colleges to handle changing enrollment patterns (see 2. Definitions).  The Faculty Senate will have the opportunity to respond in writing to the President within ten (10) business days before the action described below is initiated.'
  11. Process for Termination of Tenure
    1.  Upon determining that termination of employment of one or more tenured faculty members is required for one or more of the two reasons cited above, the president shall furnish each faculty member whose employment is to be terminated a written statement of the reasons for the termination.  Those reasons shall address fully the curricular circumstances that warranted the termination and shall indicate the manner and the information upon which the decision was reached regarding which faculty members' employment would be terminated.  The president's written statement shall also indicate that the faculty member has the opportunity to respond in writing stating any objections to the decision.
    2.  If the faculty member(s) whose employment is to be terminated indicate(s) objections to the president's written statement(s) and request(s) a review, the president will appoint a faculty committee consisting of a minimum of five tenured faculty members from a slate of ten tenured faculty members proposed by  the Faculty Senate. The committee shall conduct a hearing on the proposed termination(s). The committee shall report its findings and recommendations to the president, who shall in a reasonable time inform the faculty member(s) whose employment is proposed for termination in writing either that the decision for termination stands or that it has been altered.
    3. The president's decision to terminate a tenured faculty member's employment for curricular reasons is subject to appeal to the chancellor and TBR as provided in TBR Policy 1:02:11:00.
    4. When a tenured faculty member's employment is terminated for curricular reasons, the position will not be filled by a new appointee with the same areas of specialization as the terminated faculty member within a period of three years unless the terminated faculty member has been offered, in writing, reappointment to the position at his/her previous rank, tenure, and salary (with the addition of an appropriate increase which, in the opinion of the president, would constitute the raise(s) that would have been awarded during the period that he/she was not employed).
  12. The employment of a tenured faculty member may be terminated as a result of financial exigency at a college subject to TBR declaration that such financial conditions exist. See TBR Policy on Financial Exigency (5:02:06:00).
  13. Termination of Tenure for Curricular Reasons
    1. The employment of a tenured faculty member may be terminated because (1) an academic program is deleted from the curriculum or (2) because of substantial and continued reduction of student enrollment in a field or discipline.
    2. Before declaring that curricular reasons exist, the president will ensure meaningful participation by the college's representative faculty body in identifying the specific curricular reasons, evaluating the long-term effect on the college's curriculum and its strategic planning goals, and judging the advisability of initiating further action.
    3. Prior to initiating the process described below, the president  or his/her designee will present to the Faculty Senate-either verbally or in writing-a description of curricular reasons that may warrant the termination of a tenured faculty member's employment. Each of these reasons for termination of tenure for curricular reasons must denote shifts in staffing needs that warrant greater reductions than those which are accommodated annually in light of shifting positions from one department to another or among colleges to handle changing enrollment patterns (see 2. Definitions).  The Faculty Senate will have the opportunity to respond in writing to the President within ten (10) business days before the action described below is initiated.
  14. Process for Termination of Tenure
    1. Upon determining that termination of employment of one or more tenured faculty members is required for one or more of the two reasons cited above, the president shall furnish each faculty member whose employment is to be terminated a written statement of the reasons for the termination.  Those reasons shall address fully the curricular circumstances that warranted the termination and shall indicate the manner and the information upon which the decision was reached regarding which faculty members' employment would be terminated.  The president's written statement shall also indicate that the faculty member has the opportunity to respond in writing stating any objections to the decision.
    2.  If the faculty member(s) whose employment is to be terminated indicate(s) objections to the president's written statement(s) and request(s) a review, the president will appoint a faculty committee consisting of a minimum of five tenured faculty members from a slate of ten tenured faculty members proposed by  the Faculty Senate. The committee shall conduct a hearing on the proposed termination(s). The committee shall report its findings and recommendations to the president, who shall in a reasonable time inform the faculty member(s) whose employment is proposed for termination in writing either that the decision for termination stands or that it has been altered.
    3. The president's decision to terminate a tenured faculty member's employment for curricular reasons is subject to appeal to the chancellor and TBR as provided in TBR Policy 1:02:11:00.
    4. When a tenured faculty member's employment is terminated for curricular reasons, the position will not be filled by a new appointee with the same areas of specialization as the terminated faculty member within a period of three years unless the terminated faculty member has been offered, in writing, reappointment to the position at his/her previous rank, tenure, and salary (with the addition of an appropriate increase which, in the opinion of the president, would constitute the raise(s) that would have been awarded during the period that he/she was not employed).
    5. Upon determining that termination of employment of one or more tenured faculty members is warranted for curricular reasons, the president shall base his/her decision about which faculty member(s) employment should be terminated upon his/her assessment as to what action would least seriously compromise the educational programs in a department or division.  
    6. Termination for curricular reasons presumes a staffing pattern in a department or academic program unit that cannot be warranted either by comparison with general load practices within the college or by comparison with faculty loads in comparable departments or academic program units at similar colleges. In that light, the president shall also, at his/her discretion, base his/her decision on a careful assessment of the impact of the curricular reason on staffing requirements in the department or academic program unit as compared to overall patterns in the college and to comparable departments or academic program units.
    7. Unless the president demonstrates that an exception should be made to minimize qualitative compromise of an educational program, the following considerations should guide the president in determining the order of faculty reductions in a department or academic program unit where termination of tenured faculty is proposed for curricular reasons.  These considerations should not be construed as being mandatory:
      1. Part-time faculty appointments should not be renewed if tenured faculty positions are terminated.
      2. Temporary faculty or tenure-track faculty appointments in the probationary period should not be renewed if tenured faculty positions are terminated.
      3. Among tenured faculty, those with higher rank should have priority over those with lower rank.
      4. Among tenured faculty with comparable rank, those with appropriate higher academic degrees should have priority over those with lower degrees.
      5. Among tenured faculty with comparable rank and comparable degrees, those with greater seniority in rank should normally have priority over those with less seniority. 
      6. The president will have the discretion to deviate from this policy if he/she can demonstrate that the quality of the college's programs will be negatively impacted by strict adherence to this seniority preference.
      7. When a tenured faculty member's employment is to be terminated for curricular reasons, the president will make every possible effort to relocate the tenured faculty member in another existing vacant position for which he/she is qualified.
      8. In instances where, in the opinion of the president, relocation within the college is a viable alternative, the college has an obligation to make significant effort to relocate the faculty member, including the bearing of reasonable retraining costs.
      9.  The final decision on relocation is within the discretion of the president. 

10. Definitions

  1. "Program is deleted from the curriculum" means that TBR takes formal action to terminate a degree major, concentration, or other curricular component and that such termination eliminates or reduces need for faculty qualified in that discipline or area of specialization.
  2. "Substantive and continued reduction of student enrollment in a field" means that over a period of at least three (3) years, student enrollment in a field has decreased at a rate in considerable excess of that of the college as a whole and that such reduction has resulted in faculty-student ratios that, in the opinion of the president, cannot be warranted either by comparison with equivalent faculty load practices within the college or by comparisons with faculty loads in comparable departments or academic program units at similar colleges which the president would deem to be appropriate for comparison.

11. Termination for Adequate Cause/Reasons for Termination

  1. A faculty member with tenure or a faculty member on a tenure-track appointment or temporary appointment prior to the end of the term of appointment may be terminated for adequate cause, which includes the following:
    1. Incompetence or dishonesty in teaching or research.
    2. Willful failure to perform the duties and responsibilities for which the faculty member was employed; or refusal or continued failure to comply with the policies of the Board of Regents, Chattanooga State, or the department; or to carry out specific assignments, when such policies or assignments are reasonable and non-discriminatory.
    3. Conviction of a felony or a crime involving moral turpitude.
    4. Improper use of narcotics or intoxicants, which substantially impairs the faculty member's fulfillment of his/her departmental and college duties and responsibilities.
    5. Capricious disregard of accepted standards of professional conduct.
    6. Falsification of information on an employment application or other information concerning qualifications for a position.Failure to maintain the level of professional excellence and ability demonstrated by other members of the faculty in the department or academic program unit of the college.

13.     Procedures for Termination

  1. Termination of a faculty member with a tenure appointment, or with a tenure-track or temporary appointment prior to the annual specified term of the appointment, shall be subject to the following procedures. No termination shall be effective until steps 6.7.2.4 through 6.7.2.10 below have been completed.
    1. A faculty member may not be suspended pending completion of steps 6.7.2.4 through 6.7.2.10 unless it is determined by the college that the faculty member's presence poses a danger to persons or property or a threat of destruction to the academic or operational processes of the college. Reassignment of responsibilities is not considered suspension; however, the faculty member must be reassigned responsibilities for which he/she is qualified.
    2.  In any case of suspension, the faculty member shall be given an opportunity at the time of the decision or immediately thereafter to contest the suspension; and, if there are disputed issues of fact or cause and effect, the faculty member shall be provided the opportunity for a hearing on the suspension as soon as possible, at which time the faculty member may cross-examine his/her accuser, present witnesses on his/her behalf, and be represented by an attorney. Thereafter, whether the suspension is upheld or revoked, the matter shall proceed pursuant to these procedures.
    3. Except for such simple announcements as may be required concerning the time of proceedings and similar matters, public statements and publicity about these proceedings by either the faculty member or administrative officers will be avoided so far as possible until the proceedings have been completed, including consideration by the Board of Regents.
    4.  Upon a recommendation by the chief academic officer of the college to the president or upon a decision by the president that these procedures should be undertaken in consideration of the termination of a tenured faculty member, one or more appropriate administrators shall meet privately with the faculty member for purposes of attempting to reach a mutually acceptable resolution of the problems giving rise to the proposed termination proceedings.
    5.  If a mutual resolution is not reached under step d. the president shall appoint a faculty committee consisting of tenured faculty members, whose appointments should be, but are not required to be, agreed to by the faculty member. The faculty committee shall conduct an informal inquiry of the facts giving rise to the proposed termination and seek a mutually acceptable resolution. Should no such resolution be reached, the committee shall recommend to the president whether in its opinion further proceedings should be taken in pursuit of the termination. The recommendation shall be in writing and shall be accompanied by reasons for the recommendation. The committee's recommendation shall not be binding on the president.
    6. If no mutually acceptable resolution is reached through step e. and/or if after consideration of the faculty committee's recommendation the president determines that further proceedings are warranted to consider termination, the following steps shall be taken.
      1. The faculty member shall be provided with a written statement of the specific charges
      2. alleged by the college which constitute grounds for termination and a notice of hearing specifying the time, date, and place of the hearing. The statement and notice must be provided at least twenty (20) days prior to the hearing. The faculty member shall respond to the charges in writing at least five (5) days prior to the hearing. The faculty member may waive the hearing by execution of a written waiver.
      3. A committee consisting of members of faculty or faculty and administration shall be
      4. appointed to hear  the case and to determine if adequate cause for termination exists according to the procedure hereinafter described. The committee shall be appointed by the president and the officially recognize faculty senate, assembly or advisory committee, with each appointing the number of members designated by the policy of the college. The committee may not include any member of the faculty committee referred to in e above. Members deeming themselves disqualified for bias or interest shall remove themselves from the case, either at the request of a party or on their own initiative. Members of the committee shall not discuss the case outside committee deliberations and shall report any ex parte communication pertaining to the hearing to the committee chairman, who shall notify all parties of the communication.
    7. The hearing committee shall elect a chairperson who shall direct the proceedings and rule on procedural matters, including the granting of reasonable extensions of time at the request of any party and upon the showing of good cause for the extension.
    8. The chairperson of the hearing committee may in his/her discretion require a joint pre-hearing conference with the parties that may be held in person or by a conference telephone call. The purpose of the pre-hearing conference should include but is not limited to one or more of the following:
      1. Notification as to procedure for conduct of the hearing.
      2. Exchange of witness lists, documentary evidence, and affidavits.
      3. Define and clarify issues.
      4. Effect stipulations of fact.
  2. A written memorandum of the pre-hearing conference should be prepared and provided to each party.
  3. A hearing shall be conducted by the hearing committee to determine whether adequate cause for termination of the faculty member exists. The hearing shall be conducted according to the procedures below.
    1. During the hearing, the faculty member will be permitted to have an academic advisor present and may be represented by legal counsel of his/her choice.
    2. A verbatim record of the hearing will be taken and a copy will be made available to the faculty member, upon request, at the faculty member's expense.
    3. The burden of proof that adequate cause exists rests with the college and shall be satisfied only by clear and convincing evidence in the record considered as a whole.
    4. The faculty member will be afforded an opportunity to obtain necessary witnesses and documentary or other evidence. The administration will cooperate with the committee in securing witnesses and making available documentary and other evidence.
    5. The faculty member and the administration will have the right to confront and cross-examine all witnesses.  Where the witnesses cannot or will not appear, but the committee determines that the interests of justice require admission of their statements, the committee will identify the witnesses, disclose their statements, and, if possible, provide for interrogatories.  An affidavit may be submitted in lieu of the personal appearance of a witness if the party offering the affidavit has provided a copy to the opposing party at least ten (10) days prior to the hearing and the opposing party has not objected to the admission of the affidavit in writing within (7) seven days after delivery of the affidavit, or if the committee
    6. chairperson determines that the admission of the affidavit is necessary to ensure a just and fair decision.
    7.  In a hearing on charges of incompetence, the testimony shall include that of qualified faculty members from the college or other universities of higher education.
    8. The hearing committee will not be bound by strict rules of legal evidence and may admit any evidence which is of probative value in determining the issues involved.  Every possible effort will be made to obtain the most reliable evidence available.
    9. The findings of fact and the report will be based solely on the hearing record.
    10. The president and the faculty member will be provided a copy of the written committee report. The committee's written report shall specify findings of fact and shall state whether the committee has determined that adequate cause for termination exists and, if so, the specific grounds for termination found. In addition, the committee may recommend action less than dismissal. The report shall also specify any applicable policy the committee considered.
  4. After consideration of the committee's report and the record, the president may in his/her discretion consult with the faculty member prior to reaching a final decision regarding termination. Following his/her review, the president shall notify the faculty member of his/her decision, which, if contrary to the committee's recommendation shall be accompanied by a statement of the reasons. If the faculty member is terminated or suspended as a result of the president's decision, the faculty member may appeal the president's action to the chancellor pursuant to TBR Policy 1:02:11:00.
    1. Review of the appeal shall be based upon the record of hearing. If upon review of the record, the chancellor notes objections regarding the termination and/or its proceedings, the matter will be returned to the president for reconsideration, taking into account the stated objections, and, at the discretion of the president, the case may be returned to the hearing committee for further proceedings.
    2. NOTE: This policy became effective on July 1, 1976, as to all faculty then or thereafter employed in the Tennessee Board of Regents' System. The minimum qualifications and requirements for eligibility for an award of tenure applied to all faculty who had not previously been expressly awarded tenure by the Board, and the previous probationary period for such faculty was extended to a maximum of seven years. Faculty who had previously been awarded tenure retained their tenured status under this policy, subject to its terms and conditions.
    3. The definition of academic tenure (see p. 2 of 20) shall become effective January 1, 1984. That definition shall only apply to faculty tenured subsequent to the effective date. For faculty members tenured previous to January 1, 1984, the applicable definition of tenure shall be: "a status pursuant to which the academic year appointments of full-time faculty who have been awarded tenure are continued at a college until the expiration or relinquishment of that status, subject to termination for adequate cause for financial exigency or curricular reasons (see policy adopted June 25, 1976)."

Source:  April 2, 2004

This policy is a result of a comprehensive revision of former TBR Policy 5:02:03:00, Academic Freedom, Responsibility and Tenure.  The former policy included provisions related to academic freedom and responsibility and tenure in both universities and community colleges.  The revision, approved by the Tennessee Board of Regents on April 2, 2004, created a separate policy on academic freedom and responsibility pertinent to both universities and community colleges, established separate policies relative to tenure for universities and community colleges, and instituted separate policies on faculty appointments for universities and community colleges.  Faculty members appointed prior to July 1, 2004, may elect to be considered for tenure under the provisions of Policy 5:02:03:00 or under the revised policy for a four-year phase-in period.  The revised policy will be applicable to all tenure action taken on or subsequent to July 1, 2008, for faculty whose employment began on or after July 1, 2004.

Faculty Evaluation Calendar

Actual due dates will be determined by the Provost and Vice President of Academic faculty reporting to them of the guidelines for faculty seeking tenure and/or promotion.  The timeline for evaluating faculty is located in the Faculty Evaluation Calendar.

Source: Tennessee Board of Regents Policy No. 5:02:02:00.   Approved:  Executive Staff, 08/21/2000
Approved: President's Cabinet, date
Approved: President, 08/21/2000
Reviewed and Revised by: Academic Affairs, 08/18/07; 3/20/10; 08/17/10, 07/15/11