Faculty & Staff
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CHAPTER VI
THE ACADEMIC FACULTY
6.00 MembersThe members of the academic faculty of the university shall be designated by the following titles:
Professor
Associate Professor
Assistant Professor
Instructor
Assistant Instructor
Title designation and term of service shall be determined at the time of appointment.
Date of Issue: July 1, 1977.
6.01 General Qualifications of All FacultyAll faculty shall demonstrate a willingness to cooperate with others in the furtherance of institutional goals.
Lincoln University shall strive to maintain a faculty which shall not only satisfy the minimum requirements of the accrediting agencies but shall represent the highest standards of scholarship and professionalism which the resources of the university can provide. The university shall encourage progressively higher standards by providing incentives, when available and in the best interest of the University, to advance training, scholarly and creative productivity, and professional growth and development.
Date of Issue: July 1, 1977.
6.10 Initial Appointment: Minimum Qualifications for the Various Academic Ranks A. An assistant instructor must have at least a baccalaureate degree from an accredited college or university in the field of specialization or a closely related field. An assistant instructor must demonstrate evidence of appropriate professional ability and the potential for advancement in the academic ranks.
B. An instructor must have earned an appropriate master's degree from an accredited university or shall be currently enrolled in an appropriate advanced program leading to a doctoral degree from an accredited university. An instructor must demonstrate appropriate professional ability and must show interest in creative or scholarly productivity in an area related to his or her assigned responsibilities.
C. An assistant professor must have made progress in formal course work (at least thirty hours in addition to the master's degree) at an accredited university in related areas of specialization or possess the earned doctorate in his or her specialized field from an accredited university. In addition, an assistant professor without the terminal degree must have three years of appropriate professional experience at the college level. An assistant professor must also demonstrate ability in scholarly or creative productivity related to his or her area(s) of specialization.
D. An associate professor must possess an earned doctorate from an accredited university in the area of specialization. An associate professor must have at least seven years of appropriate professional experience in the area of assigned responsibility, at the rank of assistant professor, and must show evidence of continued growth in the field of specialization. An associate professor must provide evidence to indicate that his or her achievements and competence are recognized and respected outside of as well as within the immediate academic community.
E. A full professor must have ten years of appropriate professional experience in the assigned area(s) of responsibility at the rank of associate professor, and must have acquired a record of exceptional intellectual, educational, or artistic achievement.
In extraordinary cases, the Board of Curators may waive the minimum qualifications for any rank.
Date of Issue: July 1, 1977.
6.11 EquivalenciesThe following equivalencies may be accepted in lieu of the degree requirements set forth in Section 6.10.
A. In the fields of art, music, speech and theatre, accounting, drafting, engineering and industrial arts, achievement deemed equivalent to that obtained through work leading to the degree required may be acceptable.
B. In technological curricula related to engineering or architecture, a license as a professional engineer or as a registered architect may be acceptable provided the person appointed has the qualifications required by the state of Missouri for a current, valid license.
C. In sociology, a recognized master's degree in social work and specialized experience may be deemed equivalent to the terminal degree.
D. In the programs of nursing science, baccalaureate nursing education and baccalaureate education in the allied medical and health sciences, appropriate specialized experiences, and achievement related to nursing science may be deemed equivalent to that obtained through work leading to the degree required.
E. Other degrees (e.g., Sc.D., M.D., D.D.S., J.D., D.B.A., Ph.D., Th.D.) or other equivalent academic titles earned in an accredited institution of higher learning where the training received is related to the work of the department where employment is sought may be acceptable.
In the evaluation and interpretation of equivalencies, there must be a direct and specific relationship between the achievement and/or experience considered and the field in which the candidate is to serve.
Date of Issue: July 1, 1977.
6.20 Appointment PolicyAll faculty appointments at Lincoln University shall be made by the President. The search for appropriate candidates is the responsibility of the unit head and must be conducted in accordance with the University's Faculty Hiring Practices and Procedures document, available in the Personnel Office.
Minimum records accompanying a nomination for appointment shall include but not be limited to:
A. Lincoln University Application for Employment;
B. All correspondence related to prospective employment;
C. Official transcript or certification of academic experience;
D. Resume and other pertinent materials as deemed appropriate by the unit head or academic officer who recommends the appointment;
E. At least three letters of reference.
The precise terms and conditions of every appointment shall be stated in writing. A copy shall be held in the official personnel records of the university and another by the faculty member. All appointments shall be made strictly on the basis of merit. Race, sex or disability, or political, fraternal, social or religious affiliation shall in no way affect or prejudice the appointment of any individual.
Contents of personnel files and access to records shall be governed by appropriate level requirements.
Date of Issue: May 20, 1977, and September 29, 1984.
6.21 Appointments to Adjunct FacultyThe university may appoint adjunct faculty to provide instructional services on a course-by-course basis. All adjunct faculty must meet the minimum academic requirement for the rank of instructor in the disciplines for which they provide instructional services.
Adjunct faculty will be issued letters of appointment according to the following terms:
A. For one to three years of satisfactory service to Lincoln University, a letter of appointment for one year;
B. For four or more years of satisfactory service to Lincoln University, a letter of appointment for two years.
A year is defined as two semesters of instruction, including summer session. No more than one year of service can be accumulated during a twelve-month period.
Date of Issue: September 29, 1984
6.22 Special AppointmentsThe university shall recognize the following special appointments:
Exchange Professorship: Exchange professorships between Lincoln University and other accredited institutions may be negotiated for a period of one year. Exchanges may be for full, associate, and assistant professors and may be renewed.
Visiting Lecturer: Upon recommendation by the Vice President for Academic Affairs and appointment by the President, eminent authorities may be invited to serve as visiting lecturers.
Professor Emeritus: Presidents, administrative officers and persons who hold the rank of professor and who have served the university for at least twenty years shall be eligible for emeritus status upon retirement.
Emeritus status carries the following privileges:
A. Listing of name in Faculty Directory, University Bulletin, etc., until death;
B. Participation in academic processions;
C. Non-voting attendance at faculty meetings;
D. Use of the library;
E. Receipt of faculty bulletins and other official material;
F. Parking rights on the campus, subject to university policy;
G. Invitations to University receptions and other gatherings;
H. Continued participation in group insurance programs; and
I. Assignment of office space or research facilities if available.
The university may solicit the services of the professor emeritus for special projects and assignments. When the project or assignment would otherwise require compensation, the professor emeritus will be compensated.
Date of Issue: July 1, 1977.
The president shall have, on rare occasions, the authority to waive any of the requirements for emeritus status.
Amended: September 14, 1991.
Distinguished Professor: Persons eligible for appointment to the position of Curators' Distinguished Professor should be mature, senior, tenured, full-time employees of the university who have made significant contributions to Lincoln University over an extended period of time. Qualities to be possessed by such candidates should include:
A. Full-time employee of Lincoln University during period of appointment;
B. Possession of terminal academic degree;
C. The rank of full professor;
D. Mature employee, minimum of 60 years old;
E. Minimum of ten years service;
F. Evidence of significant contributions to Lincoln University;
G. Evidence of broad participation in professional organizations;
H. Evidence of meritorious service to the local community; and
I. Expectation of continued productivity associated with the university and broader society.
Privileges and Obligations:
A. Each distinguished professor will have a reduced workload to allow him or her to devote 50% of his/her effort to research and the production of research findings.
B. A distinguished professor who has no administrative duties shall teach twelve hours each academic year. The teaching load shall be assigned in consultation with the department head.
C. The university will pay the expenses of one major professional meeting each calendar year.
D. The Curators' Distinguished Professor will have access to secretarial services, reproduction, and communications to the extent possible and appropriate when associated with research production.
E. The distinguished professor will use the time and resources available in a manner that will contribute to the good name of Lincoln University and the furtherance of its mission.
Date of Issue: November 16, 1985
6.23 Notices of AppointmentLincoln University shall issue appointment letters to academic personnel and academic administration.
Date of Issue: July 1, 1977.
6.24 Conditions of Appointment - Cooperative Extension, Cooperative Research and Extramurally-Funded Projects PersonnelCooperative Extension and Cooperative Research faculty shall be issued appointment letters defining both their academic rank and areas of professional responsibility. Academic rank shall be assigned within the academic department most closely associated with the faculty member's professional field of specialization. Such appointees shall be eligible for all the benefits and privileges of faculty, including tenure which may be continuous as long as appropriate federal funding is available.
All positions resulting from extramurally-funded programs and projects shall be considered non-tenure track. Persons hired to these positions shall be issued appointment letters commensurate with their work assignments and shall be eligible for promotion and salary increases.
Date of Issue: July 1, 1977.
6.25 Renewal of Appointment - Reappointment/Non-ReappointmentAll appointment letters are valid for the period designated only and terminate on the indicated date. Renewal of an appointment shall be subject to satisfactory performance evaluation and approval by the President and shall be governed by the schedule for notification as described in Section 6.26.
The appointment of an assistant instructor shall be renewed on a year-to-year basis and shall be terminated after two renewals.
Date of Issue: July 1, 1977, and May 20, 1987.
6.26 Schedule of NotificationAcademic personnel and academic administration shall receive written notification of reappointment or non-reappointment according to the following schedule:
A. Persons hired on an annual basis, in the first year of service, shall receive notification on or before March 1.
B. Persons hired on an annual basis in the second or later year of continuous service shall receive notification on or before December 15 of the twelve month period immediately preceding the end of the appointment period.
C. Persons on academic tenure shall receive notification twelve months before the end of the appointment period, except for "for cause" terminations, and financial exigency. (See Section 6.60, Termination of Employment for cause).
D. Notification of non-reappointment shall not be mandatory for persons holding temporary appointments.
Date of Issue: July 1, 1977, and May 20, 1987.
6.30 Performance EvaluationAll Lincoln University faculty shall be formally evaluated at least once a year. The purpose of formal evaluation is to encourage the improvement of individual professional performance and to provide a basis for decisions on reappointment, promotion, tenure, and salary increases.
At the beginning of each academic year or within two weeks of initial employment, the department head shall confer with each faculty member to discuss job expectations, components of evaluation, and procedure for evaluation. A written statement of understanding is to be signed by both parties and placed in the unit personnel files.
A formal evaluation conference will follow, usually in the second semester, during which the professional performance and progress of the faculty member for that year and cumulatively to date will be reviewed. The department head shall prepare a memorandum of this conference for inclusion in the faculty member's personnel file, and a copy shall be delivered to the faculty member within ten (10) working days. For a faculty member in the first year of service on a one-year appointment, this evaluation conference shall be held at the beginning of the second semester. For a faculty member in the second year of service, the conference shall be held before October 31st.
Evaluation of the academic faculty shall be based on total academic performance, including but not limited to such elements as:
A. Instruction and advisement: teaching, supervision of independent study, academic advisement;
B. Professional activities: progress toward advanced degree, professional improvement, memberships, activities and responsibilities in professional associations;
C. Research, scholarly or creative productivity: creative projects, development of program proposals, ongoing research, published and unpublished scholarly writing;
D. Service activities:
Internal: committee assignments, student oriented service;
External: consulting, speaking, community service;
E. Course and curriculum development.
Evaluation of teaching faculty shall include at least one classroom visitation for at least fifty minutes per academic year for each faculty member. Faculty members are encouraged to invite the department head for this purpose; the department head may choose the classroom period to be observed and should provide at least twenty-four hours notice to the instructor.
It shall be the responsibility of each area supervisor to devise, make known, and implement the instruments and weighing factors for professional evaluation of faculty and/or staff assigned to that unit. Professional evaluation is a continuous rather than a sporadic activity.
Date of Issue: July 1, 1977
6.40 Procedures for PromotionApplication for advancement in rank shall be initiated by the individual seeking promotion. A maximum of one application may be made in any twelve-month period. Application for advancement in rank shall be referred to the applicant's department head or immediate supervisor. The department head or supervisor shall verify that the applicant has met the minimum qualifications of the academic rank to which promotion is sought. (Section 6.41) Application for promotion shall follow the established procedures.
Promotion and recommendation for promotion shall be made without regard to race, sex or disability, or political, fraternal, social or religious affiliations. A recommendation for promotion is not a mandate for approval by the next echelon. All levels of administration, however, are required to act on applications for promotion. The applicant will receive written notification of the action taken at each level.
Date of Issue: July 1, 1977.
6.41 Criteria for Promotion Within the Academic Ranks A. Eligibility for Promotion to the Rank of Assistant Professor
An instructor with the following preparation and experience is minimally qualified for promotion to assistant professor: (1) Earned doctorate from an accredited institution, or (2) Thirty semester hours beyond the master's degree and three years of appropriate professional experience at the college level, or (3) master's degree and ten years of academic service to Lincoln University. In addition, the instructor shall have evidence of superior teaching, which shall include evaluation by present and former students, and/or have evidence of research and/or professional, creative endeavors as appropriate to his or her appointment with the university, evidence of membership in professional organizations and of attendance at professional meetings, and shall present the following documents: (1) a letter of support from the department; (2) a letter of support from the department head; (3) a letter of support from the appropriate academic officer (college dean, chairperson of division, as titled); and (4) at least three letters of recommendation from outside the department but within the university.
B. Eligibility for Promotion to the Rank of Associate Professor
An assistant professor with the following preparation and experience is minimally qualified for promotion to associate professor: (1) Earned doctorate or its equivalent from an accredited university and four years of appropriate professional experience in the area of assigned responsibility at the rank of assistant professor at Lincoln University, or (2) Thirty semester hours beyond the master's degree and twenty years of service to Lincoln University. Promotion in this case will require exceptional performance in leadership and teaching. Promotion is not automatic. In addition to the above requirements the candidate should furnish evidence of participation in the following areas:
1. Professional Activities: The candidate should give evidence of superior teaching, which should include evaluation from present and former students, and/or evidence of research and/or professional, creative endeavors as appropriate to his or her appointment in the university and evidence of at least three of the following: (1) membership in professional organizations and professional meetings attended; (2) offices held in professional organizations; (3) publications, compositions, arrangements, or recordings; (4) fellowships received, seminars and workshops attended or conducted; (5) talks given, papers read; (6) exhibits, concerts, or adjudication; (7) courses introduced to strengthen the curriculum of his or her academic department.
2. University Service: The candidate should present evidence of active participation for (a), (b), and (c):
(a) departmental committees and/or other contributions;
(b) college committees;
(c) university committees;
(d) grant proposals—introduced, accepted, and/or funded.
The candidate should also present the following documents in support of his or her candidacy: (1) a letter of support from the department; (2) a letter of support from the department head; (3) a letter of support from the appropriate academic officer (college dean, chairperson of the division, as titled); and (4) at least three letters of recommendation from outside the department but within the university.
C. Eligibility for Promotion to the Rank of Professor
An associate professor with the following preparation and experience is minimally qualified for promotion to professor: (1) Earned doctorate from an accredited institution or its equivalent and a minimum of five years of appropriate professional service at Lincoln University in the assigned area of responsibility at the rank of associate professor; or (2) Twenty years of service to Lincoln University, five of which must have been spent in the associate professor rank. Promotion is not automatic. In addition to the above requirements the candidate for promotion must furnish evidence of participation in the following areas:
A. Professional Activities: The candidate should have evidence of superior teaching, which should include evaluations from present and former students, and/or evidence of research as appropriate to his or her appointment in the university, and evidence of at least four of the following: (1) membership in professional organizations and professional meetings attended; (2) offices held in professional organizations; (3) publications, compositions, arrangements, or recordings; (4) fellowships received, seminars and workshops given and attended; (5) talks given, papers read; (6) exhibits, concerts, adjudication; (7) courses introduced to strengthen the curriculum of his or her department.
B. University Service: The candidate should present evidence of active participation for (a), (b), and (c):
(a) departmental committees and/or other contributions;
(b) college committees;
(c) university committees;
(d) grant proposals—introduced, accepted, and/or funded.
The candidate should also present the following documents in support of his or her candidacy: (1) a letter of support from the department; (2) a letter of support from the department head; (3) a letter of support from the appropriate academic officer (college dean, chairperson of the division, as titled); (4) at least four letters of recommendation from outside the department, two of which must come from outside the university.
Date of Issue: July 1, 1977
6.50 Academic Tenure1. The Meaning and Purpose of Academic Tenure
Academic tenure is an arrangement under which faculty appointments are continued until retirement for age or disability, subject to dismissal for (1) adequate cause; (2) termination due to financial exigency; or (3) change in institutional programs. Tenure is a means to certain ends, specifically (1) freedom of teaching and research and of extramural expression, (2) a sufficient degree of economic security, and (3) to make the profession attractive to men and women of ability. Freedom and economic security, hence tenure, are indispensable to the success of an institution in fulfilling its obligations to its students and to society.
Date of Issue: June 24, 1988
6.51 Tenure-Track and Non-Tenure-Track AppointmentsInitial appointments to full-time ranked faculty positions shall be defined in writing as probationary/tenure-track or temporary/non-tenure-track.
Tenure review will be automatic, taking place during the sixth year of the probationary period. Primary responsibility for substantive review and recommendation should rest with a committee of three to five tenured faculty (not to include the department head) at the level of the applicant's academic discipline or department, supplemented by tenured faculty in cognate areas, as necessary. (Applications for tenure should follow the established procedures available in the unit office.)
1. Tenure decisions should be based on long-range needs and plans of the department, college and university, including:
A. Projected enrollments;
B. Curricular balance and direction;
C. Current tenure ratio;
D. Retirement schedules.
2. Full-time appointments at the rank of instructor and above should be considered probationary/tenure-track appointments unless otherwise specified.
A. Temporary/non-tenure-track appointments must not be indefinitely renewable. Total length of service should not exceed four years.
B. Special appointments:
Some faculty positions are by their nature untenurable. Appointments to such positions should be defined in writing as special appointments, and renewal beyond four years shall create no claims or presumptions of tenure.
C. Changes in appointment status:
Should a person with temporary/non-tenure-track appointment or a special appointment be appointed to a probationary/tenure track position (a new position or vacancy), the person's prior service may be counted towards the probationary requirement. Agreements regarding change in appointment status and counting of prior service shall be stated in writing.
Date of Issue: June 24, 1988.
6.52 Criteria for TenureThe probationary period associated with tenure serves important ends for the institution and the individual teacher: (1) It gives the institution an opportunity to observe and evaluate new appointees in terms of academic abilities and contributions to institutional goals, and (2) It gives the individual teacher an opportunity to develop and improve. In both ways, a tenure policy is a means of strengthening the academic quality of the faculty.
The applicant must hold the rank of assistant professor or above, display professional competence, and display the potential to contribute to the development of the institution in keeping with its needs.
In case of tenure denial, the individual may appeal under the terms of the grievance policy; however, grounds for appeal are limited to: (1) improper procedure, (2) violation of academic freedom or constitutional rights, or (3) arbitrary or capricious reasons for the negative decision. The burden of proof is on the faculty member.
In special cases, the president may recommend tenure after the individual has served one year.
Date of Issue: June 24, 1988.
6.53 Probationary Service A. Maximum length should be seven (7) years. The contract for the seventh year shall be a one-year terminal contract unless the decision to award tenure has been made.
B. Notification of non-reappointment should be given by March 1 for persons in their first year of probationary service and by December 15 for persons in their second year. For persons in their third through sixth years of probationary service, notification of non-reappointment should be given not less that one calendar year prior to expiration of the terminal contract.
C. Prior service at other institutions.
Up to three years prior full-time service at the rank of instructor or above may be credited toward the probationary requirement.
1. Whether and how much service to credit should depend on such factors as:
A. Academic rank;
B. Prior tenure status;
C. Quality of prior service;
D. Relevance of prior service to the requirements of the new position.
2. Any agreement to credit prior service must be stated in writing at the time of appointment.
Date of Issue: June 24, 1988.
6.54 Procedure for Tenure Review and Decisions A. Tenure review will be automatic, taking place during the sixth year of the probationary period. In the fall of each year, the vice president for Academic Affairs will notify, in writing, faculty who are eligible to apply for tenure.
B. Making a tenure application is primarily a faculty responsibility. Primary responsibility for substantive review and recommendation should rest with a committee of three to five tenured faculty (not to include the department head) at the level of the applicant's academic discipline or department (supplemented by tenured faculty in cognate areas, as necessary).
C. Tenure Review Process
1. The request for tenure will be initiated by the individual seeking tenure and submitted to the department head.
2. A committee of the employee's peers will review the request and submit their recommendations to the department head. The committee will consist of three to five tenured faculty members chosen by the department faculty. If the department does not have three tenured faculty, two non-tenured members will be elected by the department, and the dean of the college will select one tenured member from his or her college.
3. The department head will review the committee's recommendations, make his or her recommendation, and submit both to the dean of his or her college.
4. The dean will make a recommendation and submit all three to the vice president for Academic Affairs.
5. The vice president for Academic Affairs will make a recommendation and submit all four recommendations to the president of the university.
6. The president will review all recommendations and submit his or her recommendation to the Board of Curators.
7. The Board of Curators will review the recommendations and make the final decision.
6.55 Appointments Without TenureNothing contained in Sections 6.50-6.54 shall be construed as conferring academic tenure for or awarding service credit toward achievement of academic tenure to persons in administrative position; however, persons appointed to positions as administrative officers may at the discretion of the Board of Curators concurrently be appointed to an academic position in an appropriate department and on that basis be awarded immediate tenure or credit toward academic tenure.
Appointment to an administrative or other non-academic-tenure-bearing position shall not deprive that person so appointed of tenure previously acquired at Lincoln University.
Date of Issue: July 1, 1977.
6.60 Termination of Employment for Cause - Faculty Dismissal PolicyThe procedure for handling recommendations for disciplinary action which can result in termination and suspension shall be the same as that used for appointment and promotion except as otherwise provided herein.
In cases of termination for cause other than financial exigency, a letter citing reasons for termination shall be written by the president and delivered to the faculty member by certified mail. The faculty member is then entitled to his or her full rights under the law.
A. Causes for Dismissal
Lincoln University may consider substantial proof of any one of or a combination of the following charges as adequate cause for the dismissal of a tenured faculty member or a faculty member with an unexpired term appointment:
1. incompetence;
2. gross neglect of duty;
3. violation of any state statute relating to professional employment;
4. immoral conduct;
5. conviction of a felony;
6. insubordination;
7. repeated violation of institutional policies.
Substantial proof shall be deemed to exist if one or more of the above charges shall be admitted by the charged party.
B. Preliminary Proceedings
Whenever the question arises about the fitness of a faculty member with continuous tenure, or a term appointment which has not expired, appropriate academic administrative officers (department head, dean, etc., as titled) should discuss the matter with the faculty member. Should it become apparent that informal discussion(s) will not or cannot lead to a satisfactory agreement or solution, the president of the university shall appoint an ad hoc advisory committee to conduct an informal investigation to determine whether dismissal proceedings should be instituted. This committee, at its discretion, may recommend another available course of action.
C. Formal Proceedings
NoticeFollowing a determination that dismissal proceedings should be instituted, notice of the same together with written charges shall be prepared by the president or his/her designee and mailed to the charged party by registered or certified mail.
The statement of charges shall be framed with such specificity as to reasonably notify the party of that with which he or she is being charged.
Request for HearingWithin ten working days after the receipt of the statement of charges, the charged party may file, with the university-designated official, a request for a hearing before an Ad Hoc Committee on Professional Conduct. A copy of the charges and the answer thereto must be included with the hearing request. The designated official shall transmit, within two working days, the hearing request, the statement of charges and the answer to the Committee on Professional Conduct.
HearingThe hearing shall be conducted not less than twenty (20) calendar days nor more than thirty (30) calendar days after the committee receives the request. Written notice of time and place for the hearing shall be delivered personally or by registered or certified mail to the faculty member charged not less than ten (10) days prior to the date set for the hearing.
The committee shall conduct the hearing in accordance with the following guidelines:
1. Members who deem themselves disqualified for bias or interest shall remove themselves from the hearing panel at the request of either party or of their own initiative. Either party shall have a maximum of two challenges without stated cause. Replacements for members removed shall be made by the chief academic officer of the university.
2. Evidence against the charged party will be presented by the appropriate academic officer (college dean, chairperson of the division, as titled) as the party representing the university.
3. The hearing committee may, with the consent of the parties concerned, hold joint pre-hearing meetings with the parties in order to (a) simplify the issues, (b) effect stipulations of facts, (c) provide for exchange of documentary or other information, and (d) achieve such other appropriate pre-hearing objectives as will make the hearing fair, effective and expeditious.
4. After consultation with the president and the faculty member, the committee will decide whether the hearing should be public or private.
5. The faculty member may waive a hearing. This should be done, in writing, at any time before the hearing. If the faculty member waives a hearing, and denies the charges against him or her or asserts that the charges do not support a finding of adequate cause, the hearing tribunal will evaluate all available evidence in the record.
6. During the proceedings the faculty member will be permitted to have an academic advisor and counsel of his or her own choice, who will be able only to advise, not participate in the proceedings.
7. A complete record of the hearing or hearings will be taken and a typewritten copy will be made available to the faculty member, upon request, without cost.
8. The burden of proof that adequate cause exists rests with the institution and shall be satisfied only by a preponderance of the evidence in the record considered as a whole.
9. The faculty member will be afforded an opportunity to obtain necessary witnesses and documentary or other evidence. The charged party and the appropriate academic officer (college dean, chairperson of the division, as titled) shall have the right to confront and cross-examine all witnesses. If a person having relevant information cannot or will not appear as a witness, but the committee determines that the interests of justice require admission of his or her statement, the committee will identify the witness, disclose the statement and make every effort to provide for written questions.
10. In a hearing where a charge of incompetence has been made, testimony shall include that of qualified faculty members from this and/or other institutions of higher education.
11. The committee will not be bound by strict rules of legal evidence, and may admit any evidence which is of probative value in determining the issue(s) involved. Every possible effort will be made to obtain the most reliable evidence available.
12. The findings of fact and the decision will be based solely on the hearing record.
13. Except for simple announcements as may be required covering the time of the hearing and similar matters, public statements and publicity about the case either by the charged party or administrative officers will be avoided so far as possible until the proceedings have been completed, including consideration by the Board of Curators. The president and the charged party will be notified of the committee's decision, in writing, and each will be provided with a copy of the hearing record.
14. A simple majority of the Committee on Professional Conduct shall constitute a quorum.
Decisions of Committee and PresidentAt the conclusion of the hearing, the committee shall, without delay, make findings of fact, conclusions and recommendations. A decision of the committee shall be determined by a majority of the members present and voting. The complete hearing record, together with all tangible evidence, the findings, conclusions and recommendations shall be submitted to the president of the university. The president may concur with or modify the committee's decision or may make such other findings and conclusions as in his/her opinion are supported by the hearing record. A copy of the president's decision shall be mailed to each party by registered or certified mail.
AppealThe aggrieved party may file written notice of appeal, through the Office of the President to the Board of Curators, within ten (10) working days after the mailing of the president's decision. Any notice of appeal shall be transmitted by the President, together with the complete hearing record, to the Board of Curators.
The board, in its discretion, may grant the appellant a hearing. The decision of the Board of Curators, upon review of the complete record, shall be final.
D. Disciplinary Actions
SuspensionPending a final decision by the Board of Curators, the charged party will be suspended, or assigned to other duties in lieu of suspension, only if harm to him/herself or others is threatened by his/her continuance. Before suspending a faculty member, pending an ultimate determination of his status, the administration will consult with the Committee on Professional Conduct concerning the propriety, length, or other conditions of suspension.
DismissalIf a decision to terminate is rendered, the effective date of termination shall be one (1) year from the date of the final decision of the board unless the board determines that an earlier date is appropriate, due to the gravity of the offense or other considerations.
Personnel Action Other Than Suspension or DismissalThe committee or the administration may wish to recommend one of the following as an alternative to dismissal or suspension:
1. Denial of promotion;
2. Denial of merit pay;
3. Denial of sabbatical;
4. Reassignment of duties;
5. Denial of tenure.
The computation of a number of days in any time period contained herein shall exclude official university holidays and breaks.
Date of Issue: December 15, 1984.
6.70 Academic PoliciesLincoln University faculty shall adhere to board-approved policies established to govern work assignments.
Date of Issue: July 1, 1977.
6.71 Faculty Hiring Practices and ProceduresThe hiring of university faculty must be made in accordance with current hiring practices, policies and procedures available in the Personnel Office. Date of Issue: 1988.
6.72 Workload Policy for Undergraduate FacultyThe following definitions of work year, work week, and teaching loads reflect the faculty's responsibilities to students and the university.
Work Year: The normal full-time faculty appointment year should begin no earlier than August 15th and end no later than May 31st of each regular academic year, unless otherwise specified in the academic calendar adopted by the Board of Curators.
Work Week on Campus: Instructional faculty meet a significant part of their responsibilities, such as class preparation and professional development, off-campus. However, formal teaching or support responsibilities, plus the need to be available to work with students and other college staff, require a faculty member's presence on campus for a significant time period each week. Therefore, in addition to assigned teaching responsibilities, exclusive of overload, full-time instructional faculty are to schedule no fewer than ten office hours per week for student consultation and assistance, normally spread over five days per week. Music, art, and nursing science faculty who meet with students individually on a regular basis are to schedule no fewer than five office hours per week for student consultation and assistance.
Faculty members must receive permission of the department head or immediate supervisor to enroll in courses at another institution if the courses are offered during the normal work day for the employee. This is to be reported through the use of the fee waiver form.
Teaching Loads for Instructional Faculty: The normal teaching load for full-time instructional faculty will be twelve credit hours per semester or twenty-four credit hours per academic year. Exceptions to the policy are listed below:
1. In cases involving studio teaching, such as in art and music, where contact hours exceed credit hours, the contact hours will not exceed an average of eighteen class contact hours per semester or thirty-six class contact hours per year, even if fewer than twelve credit hours per semester are produced.
2. In cases involving laboratory instruction, such as in natural sciences, home economics, agriculture, and technology, the laboratory hours will be equated to credit hours on the basis of a 1:1 ratio, provided the following conditions exist:
a) The instructor is responsible for preparing the laboratory and teaching the laboratory course;
b) No teaching assistant is assigned to the laboratory.
All other laboratory courses which do not conform to the criteria for a 1:1 ratio will be given a 2:1 ratio.
3. In cases involving activity-type teaching, such as physical education, where class contact hours exceed credit hours, the contact hours per semester will not exceed an average of fifteen class contact hours per semester or thirty class contact hours per year, even if fewer than twelve credit hours per semester are produced.
4. In cases involving a substantial number of clinical or open laboratory teaching hours, such as in nursing science, where class contact hours exceed credit hours, the normal load will consist of an average of twenty-five hours per week of combined teaching and/or student conference office hours.
5. In business education, where class contact hours exceed credit hours, the normal load shall not exceed an average of fifteen class contact hours per semester or thirty class contact hours per year, even if fewer than twelve credit hours per semester are produced.
All full-time teaching faculty will normally be assigned full teaching loads each semester, unless there are specific reductions for non-teaching assignments within administrative guidelines adopted by the university for such reduction. If full teaching loads are not available, faculty members will be assigned other approved responsibilities in order to provide a full workload.
Additional Compensation for Faculty1. Full-time faculty will receive payment for overloads during the regular academic year for approved teaching beyond the normal credit or contact hours.
2. Overload payment will be based upon credit hours in excess of twelve per semester or twenty-four per academic year or upon contact hours in excess of those stated above and upon a minimum of 240 student credit hours per semester.
3. The maximum overload for any one person per semester will be one course or three hours, whichever is greater.
4. In cases where a fall semester overload may be balanced out or averaged as a normal load via an under-load in the spring semester, overload payment will be delayed to the spring semester or until such time as the year's average is ascertained.
Date of Issue: September 25, 1986.
Exceptions to this policy are sought under special conditions, the most common two of which are the teaching of University Seminar (a one credit-hour course) and providing instruction in a course for which no adjunct faculty member can be found.
1. Exceptions to existing policy that restricts faculty teaching overloads to one three-hour course above the twelve credit-hour limit may be permitted if the extra course to be taught is GE 101--University Seminar, or if evidence shows that all efforts to locate an adjunct faculty member to teach an advertised course have been exhausted. Written approval of an exception must be obtained at all administrative levels.
2. Faculty members may not negotiate an overload schedule, the sole purpose of which is to free up time to carry out secondary employment.
Date of Issue: December 1, 1993
Compensation for Overload and Summer Instruction for Classes with Below Minimum or Small Enrollments
Compensation for overloads and summer instruction for classes with below minimum enrollment may be paid to faculty if an agreement is reached among the proposed teacher, department head and college dean, and written approval is obtained at all administrative levels. The following stipulations will apply:
1. When regularly advertised classes that do not reach the minimum enrollment levels are offered, the faculty member may be compensated on a prorated basis where the pay for instructional services will be equivalent to the amount of fees generated through per student credit hour charged. The decision regarding the amount of the prorated payment to be made to faculty will be determined based on the number of students enrolled in class on the deadline date for adding classes.
2. Compensation for advertised instruction provided through directed study, internships and thesis direction will be based on the total number of credit hours exceeding nine annually, for which supervision is provided. Beginning with the tenth credit hour of supervision in any academic year (summer, fall, spring), the faculty member will be compensated on a pro rata basis equivalent to the rate paid for overloads based on faculty rank. Total compensation in any year cannot exceed the normal adjunct/overload rate for the appropriate rank. Any compensation earned will be paid prior to the conclusion of the fiscal year.
3. As a general rule, the following minimum levels of enrollment are required in order for classes to be held:
Graduate Level 5 students
Upper Division (Undergraduate Level) 10 students
Lower Division (Undergraduate Level) 15 students
In cases where class enrollment minimums are not met, the college dean is authorized appropriate to negotiate and adjust compensation in accordance with the stipulations cited in item one of this policy. However, under-enrolled courses which are either:
-- New or exploratory in nature
-- Required in the major for candidates for degrees, or
-- Presented by the same instructor in conjunction with other, heavily-enrolled coursesmay be conducted at full compensation, as an exception to the general rule, at the discretion of the college dean.
4. Teachers who elect to provide instruction in special situations for which compensation is not provided will be credited in performance ratings with having made special contributions to the University's programs and the welfare of the student(s).
Date of Issue: December 1, 1993.
6.73 Reporting of GradesAt the close of each semester, all members of the academic faculty shall file with the Office of the Registrar grade reports for all students registered for credit in their classes. These reports shall be filed not later than 5:00 p.m. on the second day following the end of final examinations. A copy of grade reports shall be sent to the department head by the instructor, at the same time.
Failure to file grade reports shall result in the withholding of the salary check or checks until grades are properly filed.
Date of Issue: July 1, 1977
6.74 Reporting AbsenceWhen a faculty member must be absent from the University, he or she must file a "Faculty Request to Be Absent/Faculty Report of Absence" form with the department head both for accountability and for liability purposes. If the absence involves travel away from the university on official university business, for professional development or for personal affairs, the faculty member must file a Travel Authorization Request, even if no reimbursement from university funds is requested.
It is the policy of Lincoln University not to close due to inclement weather. University Rules and Regulations do not include "snow days" as excused absences; the official academic calendar does not provide for the make up of classes missed because of bad weather. The presence of all faculty is expected when operations are continued.
6.75 Sale of Unsolicited Textbooks by Faculty and StaffThe faculty and members of the academic staff of Lincoln University consider the sale of complimentary examination copies of textbooks to be an unethical act which is unbecoming of members of the profession. Consequently, complimentary examination copies of textbooks shall not be sold directly or indirectly by any Lincoln University faculty or academic staff member.
Date of Issue: March 8, 1990
6.76 Secondary EmploymentAn employee who wishes to engage in secondary employment outside the university must request and receive prior written approval at all administrative levels, beginning with his/her immediate supervisor and moving upward through the president.
Any request for approval shall include specific details of the time, place and nature of employment.
With regard to interest and/or commitment, secondary employment shall not conflict with an employee's responsibilities or assignments at the university.
Secondary employment should be of such a nature as not to reflect negatively upon the university or its operational units, nor compete with the services that the university provides as a part of its mission.
The university seal may not be used to promote or endorse any private enterprise or undertaking.
The use of university resources in secondary employment is prohibited.
Approval to engage in secondary employment will be granted on an annual basis only. Each employee shall request said approval on an annual basis at such times and in such manner as shall be announced by the Office of the President. Exceptions to this requirement may be granted by the president of the university only.
Prior to approving a request to engage in secondary employment, the immediate supervisor shall verity that the secondary employment activity is not a conflict of interest as defined by current University policy.
November 8, 1996
6.77 Consulting PolicyFor purposes of this policy statement, consulting is defined as external (international and domestic) professional activities for pay and includes any activity that: (1) is performed on an individual contractual basis for any person(s), firm, agency, or institution other than Lincoln University; (2) is based upon or utilizes the professional knowledge, experience and abilities of the faculty or staff member; and (3) is undertaken for personal compensation beyond the payment of a nominal honorarium and/or reimbursement of expenses.
Consulting does not include private business undertakings. Consulting does not include activities of a faculty (or staff) member's regular professional responsibilities for which the individual is already being compensated.
No employee of the university may provide consulting services for a fee if the same services are a part of the professional duties for which he or she is compensated. Example: An Extension employee whose professional duties include small farm assistance may not receive a fee for providing assistance directly or indirectly to small farm operators/owners.
No employee of the university may use its public tax support facilities, such as laboratories, classrooms, materials and equipment in consulting activities or for private enterprise purposes.
Any faculty member on full-time appointment during the fall, spring, and summer terms may devote no more than twenty-four (24) working days per calendar year (eighteen (18) days per academic year—fall and spring semesters) to outside professional activity.
Consulting time is not cumulative and may not exceed ten (10) consecutive working days.
Employment of a faculty member by an outside agency for more than ten (10) consecutive working days shall be a contractual arrangement between the agency and the university. A faculty member so contracted, who requires dislocation, shall receive a salary increase of 15% or more for the period absent from the university. This 15% will be paid by the contracting agency. This will be a dislocation increment and shall be in addition to the per diem and other travel allowances paid by the contracting agency. The university may, however, contract with an outside agency for the faculty member's salary plus any amount in excess of 15% of the faculty member's salary. The faculty member's salary plus 25% of any indirect cost received by the university should be returned to the academic department to enable said department to adequately perform duties of the contracted members.
Approval prior to negotiating and accepting consulting work is required and the approval responsibility is delegated to the dean's office. Additionally, monitoring of all such consulting activity is the responsibility of the dean's office. Such approval and monitoring will ensure that there is no conflict of interest. Normal leave application procedures should be followed.
Faculty members shall not use the facilities and services of the university to enhance consulting activities.
6.80 Leaves of Absence — Academic FacultyLeaves of absence may be granted with or without pay for professional development, because of illness, and for other valid reasons (See Sections 13.60-13.67)
Date of Issue: July 1, 1977
6.81 Sabbatical Leave
Academic Faculty: Sabbatical LeaveA faculty member who has been employed full time by Lincoln University six consecutive years and who has been awarded continuous academic tenure is eligible to apply for a sabbatical leave to be to be taken during the seventh year. The person who is granted a sabbatical leave is entitled to one-half an academic year at full salary or an academic year at half salary. The sabbatical leave is not an automatic right and must be applied for by the faculty member.
Faculty members who wish to apply for a sabbatical leave must write a letter of application addressed to the President and the Board of Curators, but filed with the department head and transmitted through academic channels. The application for leave with pay shall include a precise statement of a program of study, research, travel, or other activities definitely designed to contribute to the professional and personal growth of the applicant. If approved by the president, he/she shall present it to the board for its approval.
These conditions shall be part of the sabbatical leave agreement:
1. That salary funds are available to pay for sabbatical leaves and for staff replacements;
2. That the faculty member agree to return to Lincoln University for a period of one year upon completion of the leave. Should the faculty member fail to meet this obligation, he or she shall refund to the university, on a prorated basis, the salary received during the leave;
3. That the faculty member have a project that is beneficial both to Lincoln University and to the faculty member;
4. That the faculty member shall file a report with the chief academic officer at the termination of the leave showing the extent and nature of activities engaged in during the period of leave;
5. That if the faculty member fails to fulfill the conditions of the sabbatical agreement, he or she may be required to reimburse Lincoln University all or part of the salary received; and
6. That the faculty member understand that the sabbatical leave policy is a privilege and not an automatic right.
Date of Issue: July 1, 1977
B. Funding for Sabbatical Leaves The costs of sabbatical leaves will be recognized as that amount of funds which may be provided beyond the amount of the salary and fringe benefits due to successful leave applicants.
Designated funds may be set aside each year to support a minimum of three (3) sabbatical leaves and the amount of the funding shall be equal to the average of three (3) half-time associate professors' annual salary.
The total amount of designated funds available will be distributed in amounts ample to underwrite the costs of personnel replacements (full-time temporary, adjunct or overload). Under this provision the number of leaves actually funded may vary, depending upon factors such as the number of applicants, the length of the leaves requested, and the conditions associated with personnel replacement in conjunction with the first two factors cited.
6.82 Vacation for Academic Faculty on Academic Year ContractsPeriods when the university is closed such as semester break and spring and Christmas vacation are generally assumed to constitute vacation with pay for academic faculty on academic year appointments. University business, however, may require that a faculty member on an academic year appointment attend meetings or prepare reports or perform other essential tasks during what would normally be "vacations." Such participation may legitimately be required by administrative officers, college deans, department heads, and university committee chairpersons.
Date of Issue: July 1, 1977
6.83 Vacation for Academic Faculty on Twelve-Month AppointmentsAcademic faculty on twelve-month appointments shall accrue vacation days at the rate of 1 5/6 working days per month for twenty-two working days per annum. Vacation days may not be accrued beyond two consecutive years.
Date of Issue: July 1, 1977.
6.90 Academic Grievance ProcedureThe Board of Curators and the administration of Lincoln University, recognizing the right of every faculty member to a means of impartial review for the resolution of grievances within the university community, have adopted the following academic grievance procedure for the university:
1. A grievance, for the purposes of this section, is an allegation by a faculty member that he or she has been subject, in the work place, to one (or a combination) of the following:
A. A violation, misinterpretation, or discriminatory application of any provision of the Rules and Regulations of Lincoln University relating to terms, conditions, or privileges of employment;
B. A denial of, or infringement upon, academic freedom;
C. Discrimination based on sex, race, religion, national origin or disabling condition; or
D. A denial of any constitutionally protected right.
2. Singular Terms The use of singular terms in the foregoing is not intended to exclude multiple respondents.
3. Limitations
This procedure is available to regular, full-time faculty members only. Temporary employees and part-time employees should contact the department head if questions arise concerning employment.
4. Non-Grievable Issues
Issues which do not provide a basis for formal appeal are:
A. Non-reappointment upon the expiration of a contract;
B. Dispute between department head and faculty member over written evaluations, unless there appears to be a dispute over facts or information;
C. Matters regarding a salary or merit recommendation unless there appears to be a dispute over facts or information;
D. Requests for new or revised rules, regulations, policies or procedures;
E. Matters which are discretionary with the department head; and
F. Denial of promotion or tenure.
5. Informal ProcedureEvery grievance shall be initiated, if at all, within thirty (30) calendar days of the time in which the faculty member became aware, or reasonably should have become aware, of the occurrence or circumstances which gave rise to the grievance.
The grievance shall be initiated by the delivery of a written memorandum or complaint to the university's designated official who shall deliver this memorandum or complaint within two (2) working days of receiving it to the appropriate academic officer (college dean, chairperson of the division, as titled). This memorandum should state the subject matter of the grievance, the relief sought, and shall name the person against whom the grievance is directed. If no such person is named, the academic officer shall, upon review of the memorandum, determine the appropriate respondent. The academic officer shall, within ten (10) working days of receiving the written memorandum (or complaint), acknowledge receipt of same to party filing the grievance and notify respondent. The party filing the grievance and respondent shall, within five (5) working days after receiving the academic officer's acknowledgment, or notification, attempt to resolve the issue(s) through informal discussion. The result of the informal discussion shall be reduced to writing, signed by the parties, with copies retained by the parties and a copy sent to the academic officer.
6. Formal ReviewIf the grievance is not resolved through informal discussion, the party filing the grievance may file, with the Academic Appeals Subcommittee of the Internal Grievance Panel, a request for formal review. A copy of the written report of the informal discussion must accompany this request. This request must be filed within ten (10) working days of the termination of the informal discussion. Failure to follow the procedures as herein provided will result in loss of the right to formal appeal.
The subcommittee shall review the request along with any additional information it may wish to solicit. After its review, the subcommittee may:
1. refuse action if a prima facie case has not been made;
2. certify the allegation as grievable; or
3. refer the matter to the president of the university.Note: In extreme cases, the subcommittee may decide that the case cannot be resolved without special attention beyond its competence or that of a hearing panel.
Should the subcommittee refuse action, no further recourse is available under this procedure. The subcommittee shall provide the aggrieved party with reasons, in writing, for refusing action.
Following the certification of an allegation as grievable, the subcommittee shall supervise the formation of a five-member hearing panel in the following manner: Two members shall be selected by the party filing the grievance, two members shall be selected by the respondent, and the fifth member shall be the chief academic officer of the university. The chief academic officer of the university shall serve as chairperson. The party filing the grievance and the respondent may, in alternate turns, strike (remove) a member chosen by the other. For each member removed a replacement will be selected by the choosing party until all members of the hearing panel are agreed upon. The hearing panel must be formed and must conduct its hearing within fifteen (15) working days of the date on which the subcommittee receives the party filing the grievance's request for formal review. It shall be the responsibility of the chairperson of the hearing panel to provide written notice to both parties of the date, place and time of the hearing.
7. HearingBoth parties shall be permitted to offer testimony, bring witnesses (limit of two), exhibits, documents or other tangible evidence. The hearing panel may request any other documents or information it deems relevant. If either party objects to the presence of the other during any phase of the hearing, both shall be excluded from the hearing except when presenting evidence.
8. RepresentationThe right of the party filing the grievance to be accompanied by a representative, in an advisory capacity, shall be recognized at any stage in any proceeding. Should the party filing the grievance choose to be represented by an attorney, the hearing panel or appropriate official must be notified, in writing, five (5) working days prior to the date of any meeting at which the attorney will be present. The university shall provide legal counsel for the hearing panel (for the respondent in informal discussion), to act in an advisory capacity, at any meeting at which the party filing the grievance appears with an attorney.
9. CostsA party filing the grievance may obtain, without cost, a copy of any document in his or her official personnel file for use in these proceedings. The party filing the grievance is responsible for any other costs which he or she may incur. The hearing panel shall keep a complete record of the hearing, including exhibits, documents and testimony.
A decision of the hearing panel shall be determined by concurrence of the majority of its members. A written report of the panel's findings, together with its recommendation(s) and a complete record of the hearing, shall be sent to the president of the university no later than five working days following the completion of the hearing.
10. Decision of the PresidentThe president may concur with or modify the recommendation(s) of the hearing panel or may make such other findings or reach such other conclusions as, in his/her opinion are supported by the facts. The president shall notify the parties, in writing, of his/her decision.
The review process shall be limited to ninety (90) calendar days from the filing of the initial complaint.
11. AppealEither party may file written notice of appeal, through the Office of the President, to the Board of Curators within ten working days of the receipt of the president's decision. The president shall transmit the notice of appeal, the hearing record and any prior records and reports to the Board of Curators. The decision of the Board of Curators, upon review of the complete record, will be final.
Date of Issue: December 15, 1984
6.95 Financial ExigencyA condition of financial exigency may necessitate suspension or termination of academic personnel. Financial exigency shall be declared by the president of the university after careful analysis of funding and enrollment data which concludes that:
A. Federal, state, or other funding source is no longer providing support at appropriate level.
B. Enrollment decline in a given discipline(s) no longer justifies existing faculty size.
General criteria for selection of persons to be terminated as a result of financial exigency shall include the following considerations:
A. Non-tenured faculty shall be terminated before tenured faculty.
B. Faculty members with the shortest term of service shall be terminated before those with longer periods of service.
C. Academic rank shall not be a factor in terminating faculty.
D. Exceptions to these policies shall be made, in writing, only in the event of compelling reasons. Additional criteria may be developed by each college and presented for approval, in writing, to the president.
Every effort shall be made to relocate persons so displaced.
Date of Issue: July 1, 1977.
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