Hamline University
College of Liberal Arts Faculty Handbook

Approved by Board of Trustees: July 8, 2003


These online versions of  Hamline University handbooks and other guides are provided for informational purposes only, and do not create nor are intended to create an express or implied contract, covenant, promise or representation between Hamline and any employee. These online handbooks and guides are subject to change at any time by the Trustees of the Hamline University of Minnesota. Current official versions of these handbooks and guides are maintained in the Office of the Provost.

TABLE OF CONTENTS

Section 1:  Scope

Section 2:  Mission, Core Values, Vision

2.1  University Mission
2.2  Core Values
2.3  University Vision
2.4  Characteristics of the New American University
2.5  College Mission

Section 3:  Academic Freedom

Section 4:  Definition of Faculty, Faculty Rank, and Faculty Titles

4.1  The Ranked Faculty
4.2  Special Appointment Faculty
4.3  Administrative Faculty with Tenure
4.4  Academic Support Staff

Section 5:  Files

5.1  Faculty Employment File
5.2  Promotion-Tenure Review File
5.3  Grievance File
5.4  Disclosure and Access

Section 6:  Evaluation

6.1  Evaluation by Department Chairs
6.2  Annual Probationary Review
6.3  Triennial Evaluation
6.4  Criteria and Evidence in Evaluation
6.5  Self-Evaluation and Prospectus
6.6  Evaluation of Endowed Chairs
6.7  Librarian Evaluation
6.8  Evaluation of Per-Course Faculty
6.9  Evaluation of Coaching Staff

Section 7:  Promotion and Tenure

7.1  General Statement
7.2  General Criteria
7.3  Eligibility for Promotion

Section 8:  Separation

8.1  Resignation
8.2  Retirement
8.3  Early Voluntary Severance
8.4  Non-Reappointment Prior to Tenure Decisions
8.5  Prolonged Mental or Physical Illness
8.6  Layoff
8.7  Dismissal for Cause
8.8  Action Short of Dismissal, Suspension
8.9  Progressive Discipline of Faculty Members

Section 9:  Grievance

9.1  Intent
9.2  Definition
9.3  General Provisions Applicable to All Steps of the Grievance Procedure
9.4  Grievance Mediation Committee (GMC)
9.5  Grievance Mediation Procedures
9.6  Resumption of Mediation
9.7  Formal Grievance Hearing (Individual Grievances Only)
9.8  Presidential Review
9.9  Limited Board of Trustees Appeal
9.10  Parallel University-Wide Grievances

Section 10:  Leaves of Absence

10.1  With Pay
10.2  Leaves Without Pay

Section 11:  Benefits

Section 12:  Rights, Responsibilities, and Working Conditions

12.1  General Statement
12.2  Course Offerings, Content, and Class-Related Duties
12.3  Absence from Class
12.4  Availability and Office Hours
12.5  Share in Governance
12.6  Physical Working Conditions
12.7  Copyright Law Compliance
12.8  Fund-raising Policy


Section 1:  The Scope

1.1  Coverage

    The CLA Faculty Handbook("Handbook") applies to all faculty members and academic staff of the Hamline University College of Liberal Arts ("CLA" or "the College") as defined in Section 4. The policies set forth herein are contractual, except for the "Mission Statements" (Section 2). Changes to these policies require the CLA faculty's approval and subsequent Board of Trustees' authorization. Either the administration or the CLA faculty may propose amendments and modifications to the Handbook by providing notice of the proposed change(s), a copy of the proposed change(s), and a rationale for the change(s).

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Section 2:  Mission, Core Values, Vision

During 1999, the entire University engaged in a process to refine our mission statement and to establish an aspirational vision statement to guide us as we enter the 21st century. All University strategic planning and key decisions including processes and procedures outlined in this handbook will be carried out within the context of the mission, core values and vision of Hamline University.

2.1  University Mission
    To create a diverse and collaborative community of learners dedicated to the development of students' knowledge, values and skills for successful lives of leadership, scholarship and service.

    2.2  Core Values

    Hamline University recognizes its pioneering spirit and roots in the inclusive traditions and values of the United Methodist Church. The following emerge as our main core values:

    • High quality, rigorous academics
    • Commitment to making the world a better place
    • Focus on ethics and civility
       
    2.3  University Vision

    Hamline University-the nation's leading New American University.

    Integration. Innovation. Transformation.

    2.4  Characteristics of the New American University

    • Students' learning and total experience are our central focus
    • Faculty scholarship is broadly defined and connected to student learning through -
1. The scholarship of discovery which advances knowledge and discipline-specific projects;

2. The scholarship of integration which seeks to connect knowledge across disciplines;

3. The scholarship of application which seeks to study ways theory might be put into practice;

4. The scholarship of teaching/learning which explores ways to more effectively transmit knowledge.

    • Theory connects to practice, and practice advances theory
    • The liberal arts connect to the professions and world of work, and professional education informs the liberal arts
    • The university connects closely to various levels of a diverse community (broadly defined), responding to community needs
    • Connections among disciplines, schools and programs are fostered
    • Innovation for improving learning and students' experience is prized.
    2.5  College Mission
      The College is dedicated to preparing compassionate citizens of the world by helping students maximize their intellectual, creative, and leadership potential.

      We are a community of teachers, learners, and scholars committed to using the liberal arts and sciences to solve problems, advance knowledge, and forge connections among disciplines, to the world of work, and to the community.

      We have pursued our mission since 1854, when a group of visionary Methodist ministers and educators founded Hamline as a new American university to provide education, leadership, and service to the frontier peoples of the Minnesota territory. Hamline prepared Minnesota's first teachers, lawyers, physicians, public administrators, and leaders in both business and agriculture.

      Now, as we move confidently into a new century, we reaffirm this proud tradition of education for leadership and service. Our curriculum -- the Hamline Plan -- speaks directly to our mission of establishing applicable and meaningful connections between a college education and the world in which we live and work.

      Over the years, new discoveries, new courses, new knowledge, and new facilities have all played their roles in helping the College prepare generations of leaders and responsible citizens. Our mission, however, has remained constant -- connecting what we believe and what we know to what we do, in order to increase justice, opportunity, and freedom for all people everywhere.

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    Section 3:  Academic Freedom

    The College endorses the following statement on Academic Freedom recommended by the American Association of University Professors and the American Association of Colleges (as amended by the Hamline CLA Faculty):

    A. Faculty members are entitled to full freedom in research and in the publication of the results, subject to the adequate performance of their other academic duties. Each faculty member is entitled to freedom in the classroom in discussing his or her subject. When a faculty member speaks or writes, he or she should be free from institutional censorship or discipline. All faculty members should remember that the public may judge their profession and the institution by his or her utterances. Hence, they should make every effort to be accurate and show respect for the opinion of others.

    B. Faculty members should be free to engage in political activities so far as they are able to do so consistently with their obligations as teachers and scholars. Many kinds of political activity are consistent with effective service as a member of a faculty. In recognition of the legitimacy and social importance of political activity by faculty members, the University should provide institutional arrangements to permit it, similar to those applicable to other pubic or private extramural service. Such arrangements may include the reduction of the faculty member's workload or a leave of absence for the duration of an election campaign or a term of office, accompanied by equitable adjustment of compensation when necessary.

    C. Although faculty members are encouraged to engage in public and professional service outside the University, a "full-time" faculty member devotes substantially all his or her working time to teaching and scholarship during the academic year. A "part-time" pro-rata faculty member similarly devotes the pro rata portion of his or her working time to faculty responsibilities. A faculty member should have no outside business or professional activities which unduly interfere with his or her faculty responsibilities. In determining whether outside activities interfere with faculty responsibilities, the relevant factors include:

    1. The extent to which the field of outside activity coincides with the faculty member's major fields of interest as a scholar and teacher.

    2. The character of the outside activity as a source of novel and enriching experience that can be utilized in his or her capacity as an educator.

    3. The degree to which the demands of the outside activity interfere with the faculty member's regular presence on campus and with his or her availability for consultation and interchange with students and colleagues.

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    SECTION 4:  DEFINITION OF FACULTY, FACULTY RANK AND FACULTY TITLES

    The Faculty comprises all persons having appointment for the instruction of students, faculty librarians, and administrators designated with faculty status. The Faculty of the College shall consist of four distinct groups: Ranked Full-Time Faculty, Ranked Part-Time Pro-Rata Faculty, Part-Time Per-Course Faculty, and Special Appointment Faculty. Part-Time Per-Course Faculty and Special Assignment Faculty have limited rights and responsibilities; these are fully defined in this Section.

    An additional group, Academic Support Staff, comprised of coach-lecturers and professional librarians, do not have official faculty status but have been included in this Section (see below,4.4).

      4.1  The Ranked Faculty
        A ranked faculty member is a full-time or part-time pro-rata employee of the College who has successfully completed a search process conducted by CLA faculty (see the relevant section of the Procedural Guidelines portion of the Handbook) and has been appointed to one of the four regular academic ranks: Instructor, Assistant Professor, Associate Professor, or Professor.
          A.  Full-Time Faculty
            A full-time faculty member:
              1.  ordinarily has full-time teaching duties or has teaching and other duties (e.g., research, academic administration, counseling) equivalent to a full-time teaching load;

              2.  fulfills the duties and responsibilities of a faculty member;

              3.  holds academic rank; and

              4.  may be designated as continuous/tenured, notice/tenure-track, or term/non-tenure track.

              B.  Shared Positions
                Single faculty appointments may be shared by two persons. Terms of such positions will be negotiated by the Office of the Dean of the College and the department.
                C.  Pro-Rata Faculty

                Part-time pro-rata faculty are ranked faculty members who are given an appointment equivalent to half-time or more, but less than that of a full-time faculty member. They may be employed on probationary or continuous contracts. Such part-time pro-rata faculty are usually paid at a higher rate than per course faculty and have pro-rata contractual rights to pro-rata promotion and fringe benefits. They are full voting members of the Faculty and have, on a pro rata basis, responsibilities for advising, service on committees and all other responsibilities of full-time faculty members. Proportional reckoning shall apply to time in service required for sabbaticals.

                Faculty who have been teaching on a part-time per-course basis may petition for pro-rata status. Initial hiring or change to pro-rata status is never automatic. The Dean, in consultation with the department, the Planning and Development Committee (PDC), and the Faculty Personnel Committee (FPC), may award such status.

                D.  Faculty Librarians
                  The Library, through its faculty and staff, is designed to support the College's educational, research and service functions. In order to offer this support, it is the policy of the University to recruit, develop, and retain highly qualified individuals to occupy key positions in the Library:

                  The program designed and implemented by these individuals includes:

                    1.  selection and development of resources

                    2.  organization and governance of resources

                    3.  interpretation and use of resources

                    4.  program administration and management

                    5.  education, research, publication, and other scholarly activities

                    6.  teaching library resources and research methods.
                     

                  The Faculty Librarians are accorded the privileges and responsibilities accorded to College faculty members. For evaluation of Faculty Librarians, see Section 6.7.

                  For information pertaining to "Per-Course Faculty," see the relevant section of the Procedural Guidelines portion of the Handbook.
                   

                4.2  Special Appointment Faculty

                  A.  Endowed Chairs
                    Endowed chairs in the CLA have been created to enhance undergraduate liberal-arts education, foster distinguished scholarship, and provide leadership in the College and the University.
                Endowed chairs will be filled at the associate or full professor level. The appointment to an endowed chair may place the faculty member in a position outside the regular salary schedules and teaching responsibilities of faculty within her/his rank and department. The holder of an endowed chair is usually given a reduced teaching load (four or five courses per year) and administers a program of activities in relation to the field or fields associated with the endowed chair, including an annual lecture series or symposium. Expectations for the holder of the chair include increased research, publication, and professional activities.

                Each chair is unique. Endowed chairs are coordinated through cooperation of the President's Office, the Office of Dean of the College, Divisional Coordinators, and the various departments with which the chair will work.

                Though an endowed chair may include several departments under its description, holders of endowed chairs will be assigned a departmental home based upon their predominant professional work and research or upon the field in which they received a terminal degree.

                Holders of endowed chairs may be tenured to the University through the department in which the holder is assigned, but not into the endowed chair itself. Continuation of a faculty member's appointment to an endowed chair will depend upon the terms of the endowment and the consent of the faculty member.
                    B.  Professor Emeritus
                      The granting of Emeritus Rank is an honor given to retired faculty members who have made a substantial contribution to Hamline University and to their profession.
                        1.  Privileges of Emeritus Faculty
                          The following assistance and privileges are available to emeritus faculty:
                            a.  Meeting facilities for emeritus faculty who may wish to meet as a group

                            b.  Access to campus recreational and athletic facilities, cultural, athletic, and educational events, library, bookstore, dining areas, and parking lots on the same terms as apply to full-time faculty. Office space will be provided as available.

                            c.  Tuition-free access to University courses for both the emeritus faculty member and his/her spouse and dependents under the tuition remission plan.

                            d.  Notification of major campus activities by the University Relations office, if the emeritus faculty member requests and provided he/she keeps a current address on file.

                            2.  Eligibility for Emeritus Status

                            Upon retirement, a faculty member will be considered for an Emeritus Professor appointment by FPC. FPC will make its recommendation to the Dean of the College. The Dean will advise the President who makes the final decision concerning the awarding of Emeritus Professor status.

                      The following criteria will serve as general guidelines to be used by FPC in determining eligibility for the rank:
                              a.  Associate Professor rank reached by retirement.

                              b.  Obtainment of highest relevant degree normally associated with the discipline.

                              c.  Ten years of full-time teaching at Hamline.

                              d.  Visibility in Discipline.


                                1. Publications

                                2. National or state offices in professional organization

                                3. Participation in professional meetings

                                4. Other activities pertinent to discipline

                              e.  Excellence as a teacher as indicated by the Tenure- Promotion Review files.
                              f.  Significant contributions to Hamline.

                                1. Leadership in faculty affairs

                                2. Significant service to the institution

                                3. Public appearances in the community

                          C.  Visiting Appointments
                            All visiting appointments take term contracts and are for a limited period of time with no intent of on-going employment. Visiting appointments are reserved for faculty members of other institutions, professors emeriti, and persons distinguished in their fields.
                            D.  Artist/Writer/Scholar-In-Residence

                            The College may appoint to the Faculty distinguished artists, writers, poets, and scholars to the special faculty status of Artist/Writer/Scholar-In-Residence. Such appointments take term contracts, and are either full-time or part-time depending on the needs of the College. The appointment of an Artist/Writer/Scholar-In-Residence does not prejudice the academic personnel rights of any other faculty member in respect to the contractual policies of this Handbook.

                            E.  Replacement Faculty
                              The College may appoint a replacement faculty member on a full-time or part-time pro-rata contract. Service in such contracts does not count for tenure, promotion, or sabbatical leave unless such service is recognized by the Dean of the College at the time of offering a probationary contract.
                              F.  Faculty Status for Administrators
                                The only administrative positions with faculty status are those of president and academic deans.
                                  1.  Faculty Rank for Administrative Faculty
                                    Administrative functions and titles are distinct and severable from faculty ranks. The President and Dean of the College have the rank of full Professor. Faculty rank for the Associate and Assistant Deans is determined by FPC.
                                    2.  Privileges and Responsibilities
                                      Administrative personnel with faculty status may vote at faculty meetings, serve ex-officio on those committees which are directly related to their duties, and march by rank in academic processions. Their names will be listed with those of the faculty in official publications and they may, but are not required to, teach. Time in service as an administrative faculty staff member shall be counted toward accrual of sabbatical leave rights.
                                Persons are not tenured into administrative positions, although tenure may be held separately as a faculty privilege concurrent with an administrative appointment. Such, for example, is the case if a Hamline faculty member with tenure accepts an administrative position. The removal of any persons from their administrative positions does not impair whatever rights they may have in their particular faculty ranks.
                                  4.3  Administrative Faculty with Tenure
                                    CLA faculty who have been granted tenure at Hamline and join the administration shall, at the time they leave the administration, be entitled to receive a position equivalent to that vacated at the time the administrative faculty staff position was accepted, in the department in which the employee obtained tenure.

                                    Salary for the faculty position shall be determined in accordance with whatever University procedures for determining salary are in force at the time the employee returns to the academic unit, or by negotiation between the University and the employee. In the absence of mutual agreement, the employee shall be assigned a salary determined by the President to be equivalent to the average salary of tenured members of the same academic unit with like rank and years of service.

                                      A.  Consideration of Administrative Faculty for Tenure
                                        CLA administrators hired from outside Hamline may be granted tenure at the time of hire through one of the academic departments of the College upon the recommendation of each of the following: the tenured members of the relevant department, FPC, the Dean, and the President; and upon the approval of the Board. Previously untenured Hamline faculty who accept the relevant administrative positions may be granted tenure under the same process.
                                      4.4  Academic Support Staff

                                        A.  Coach-Lecturers
                                          Coach-Lecturers are appointed to academic staff positions and, as such, are not tenurable in the College or eligible for faculty sabbatical leave, although administrative sabbatical leaves may be requested. Their primary responsibilities include recruiting and coaching student-athletes for the inter-collegiate sports program of the College. A portion of their responsibilities may include teaching in the Physical Education department, particularly activities courses. Coach-Lecturers are evaluated by a special committee using procedures outlined in Section 6.9.
                                      Education requirements for the position of coach-lecturer include at minimum a bachelor's degree and preferably a master's degree. There are three levels for the position with rank and promotion depending upon qualifications, years of service at Hamline, and quality of service to the athletic program:
                                      Level I
                                      A. entry-level position and salary
                                      B. one-year notice contract (renewable)
                                      C. extensive third-year evaluation and review
                                      Level II
                                      A. promotion based upon outstanding third-year review
                                      B. three-year notice contract
                                      C. extensive sixth-year evaluation and review
                                      Level III
                                      A. promotion based upon outstanding sixth-year review
                                      B. rolling, three-year notice contracts (i.e. each year a new three-year contract is offered)
                                      C. extensive triennial evaluations, upon which are based decisions to continue the rolling contracts.
                                          B.  Professional Librarians
                                            Distinct from the library positions defined as having faculty status in Section 4.1 D, Professional Librarians are appointed to academic support positions and as such are not tenurable in the College or eligible for faculty sabbatical leaves, although administrative sabbatical leaves may be requested. Professional Librarians are evaluated by a special committee using procedures outlined in Section 6.7 B.
                                        Education requirements for the position of Professional Librarian include a master's degree in Library/Information Science which has been accredited by the American Library Association, or a directly related degree. There are three levels for the position with rank and promotion depending upon qualifications, years of service at Hamline, and quality of service to the Library:
                                        Level I
                                        A. entry-level position and salary
                                        B. one-year notice contract
                                        C. extensive third-year evaluation and review
                                        Level II
                                        A. promotion based upon outstanding third-year review
                                        B. three-year notice contract
                                        C. extensive sixth-year evaluation and review
                                        Level III
                                        A. promotion based upon outstanding sixth-year review
                                        B. rolling, three-year notice contracts (i.e. each year a new three-year contract is offered)
                                        C. extensive triennial evaluations, upon which are based decisions to continue the rolling contracts

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                                        Section 5:  Files

                                        Hamline University will maintain official personnel records for each faculty member. Each set of records will contain: any application for employment; wage or salary history; notices of commendation, warning, discipline, or termination; authorization for a deduction or withholding of pay; fringe benefit information; leave records; and employment history with the employer, including salary and compensation history, job titles, dates of promotions, transfers, and other changes, attendance records, performance evaluations, and retirement record. Portions of the official records will be kept in the Deans Office and others in the Human Resources Office, as described below:

                                          5.1  Faculty Employment File
                                            Employment data pertinent to a faculty member's appointment, leaves, benefits, and compensation will constitute an Employment File, all of which will be kept in the Office of Human Resources (HRO). The Employment File may include but is not necessarily limited to the following material
                                             
                                              A.  hiring transaction documents (payroll notices, etc.)
                                                B.  annual letters of appointment/contract
                                                  C.  human rights compliance forms (employee requisitions, search activities)
                                                    D.  personal information required by Federal or State law or relative to benefits and other terms of one's contract
                                                    E.  Letter of dismissal, layoff, resignation, or retirement (HRO)
                                                      The Employment File shall not include performance reviews, evaluations, or materials pertaining to disciplinary actions short of dismissal. Such material is included in 5.2 below.
                                                  The Faculty Employment File is available on a need to know basis only to the Board of Trustees, legal counsel, the President or his/her written designee, the Dean of the College, the Office of Human Resources, and the individual faculty member or his/her written designee and/or for litigation, legitimate reporting purposes, and any relevant internal grievance.
                                                    5.2  Promotion-Tenure Review File
                                                      Data relevant to a faculty member's evaluation, promotion, and tenure will constitute a Tenure-Promotion Review File to be kept in the Office of the Dean of the College. No material may be placed in the Promotion-Tenure Review File without the faculty member's knowledge, and he/she has the right to include in the file a written response to any material placed in it and may add to the file data she/he deems relevant.
                                                        A.  Permanent Submissions: The Promotion-Tenure Review File shall contain the following on a permanent basis:

                                                          1.  original letter of application
                                                            2.  original appointment and acceptance letters
                                                              3.  current official transcript

                                                              4.  current curriculum vitae

                                                              5.  letters of recommendation for tenure and/or promotion subsequent to employment by Hamline

                                                              6.  student evaluations (both raw data and summaries)

                                                              7.  information forms summarizing professional work in each calendar year

                                                              8.  prospectuses discussing future goals

                                                              9.  evaluations by the tenured Department Chair (or designated faculty member), the Dean, and FPC

                                                                10.  reports from outside reviewers
                                                                11.  contract letter/letter of appointment (direct and indirect compensation figures excluded)

                                                                12.  any letters of warning or reprimand or censure, as well as summary statements of findings by grievance committees, that will be used by the Dean or the President, in total or in part, in their deliberations. Such evidence must be placed in the file within a reasonable time after disciplinary actions or other resolution. Except in extraordinary cases (e.g. those occurring within the academic year of the tenure/promotion decision), the evidence must be part of the Promotion-Tenure File on or before September 1 of the decision year. In the extraordinary cases of evidence submitted after September 1, the faculty member must be notified at the time of the submission of the File. All file materials may be responded to in writing by the faculty member. The agent or body who authored the letter or made the finding may stipulate that the Dean remove it after a specified period of time or specific conditions have been met. The faculty member may also petition the Dean to remove letters of reprimand or warning or censure or summary statements of findings by grievance committees after at least five years.

                                                                B.  Occasional Submissions: The following need only be made available by the faculty member at the request of the Dean and at the time of review:

                                                                  1.  copies of representative course syllabi;

                                                                  2.  copies of articles, publications, etc.;

                                                                  3.  other evidence as detailed in Section 6.1;

                                                                5.3  Grievance File
                                                                  Documents pertaining to a grievance involving faculty members (other than harassment and discrimination) shall constitute the Grievance File for that particular case and shall be kept in the Office of the Dean of the College under the name(s) of the person(s) grieved. In particular, the Grievance File shall include:
                                                                A. Written notice of a dispute by a potential grievant to the Grievance Mediation Committee (GMC), as well as copies of the notice sent to any named respondents (see Section 9.5)
                                                                B. Notification by the President or his/her designee of a faculty member's emergency suspension or reassignment, if the faculty member grieves such action (see Section 9.5 D 1)
                                                                C. Recommended resolution by GMC of a governance grievance and the statements of rejection or acceptance of the recommended resolution by the parties to a governance grievance (see Section 9.5 D 2)
                                                                D. Statement by GMC that a resolution was reached in an individual grievance, signed by all parties to such grievance, or a statement by GMC that no such resolution was reached. If the parties to the grievance agree, a statement of the resolution itself may be placed in the Grievance File. (See Section 9.5 E).
                                                                E. Notification by GMC to all participants of an individual grievance when mediation has been terminated. For the requisite wording of this notification, see Section 9.5 F 1.
                                                                F. Formal written grievance submitted to GMC by a grievant. For the requisite contents of a formal grievance, see Section 9.7 A.
                                                                G. Transcript of the (recorded) proceedings of a formal Grievance Hearing (see Section 9.7 E 6)
                                                                H. Copy of the advisory decision sent to the President or Board of Trustees by an ad-hoc Grievance Hearing Committee after a formal Grievance Hearing, along with the statements of acceptance or rejection of that advisory decision by the parties to the grievance (see Section 9.7 F)
                                                                I. Copy of any appeal of an ad-hoc Grievance Hearing Committee's advisory decision by a grievant to the President, along with the President's appellate decision (see Section 9.8)
                                                                J. Copy of any appeal by a grievant to the Executive Committee of the Board of Trustees, along with the Board's final disposition of the case (see Section 9.9)
                                                                K. The relevant documents in grievances handled by University-wide committees that may deal with racial or sexual discrimination or harassment (see Section 9.10)
                                                                  5.4  Disclosure and Access
                                                                    Consistent with law, each faculty member will be entitled to review his/her official personnel records upon written request to either the Dean or the Director of Human Resources. The Dean, Director, or both will respond to the request no later than seven (7) working days after receipt of the request.
                                                                  Disclosure of information in the official personnel records will occur only as reasonably necessary to the Board of Trustees, the President or the President's designee(s), the Dean of the College or the Dean's designee(s), the Office of Human Resources, legal counsel, the faculty member or his/her written designee(s), parties to a grievance, and those for whom regular access to specific information in the official personnel records is a routine part of their job. In addition, disclosure of specific items in the official personnel records will occur only as reasonably necessary to the relevant CLA Committees such as the Faculty Personnel Committee, Grievance Mediation Committee, and ad-hoc Grievance Hearing Committees. The University will observe confidentiality with respect to all files containing information on faculty members.

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                                                                  Section 6:  Evaluation

                                                                  The evaluation process at the College is a means by which members of the teaching faculty can obtain constructive and balanced information that will enable them to better fulfill their academic responsibilities. Members of the teaching faculty will receive regular evaluation of their performance of academic responsibilities and reports on progress made in their program of professional development.

                                                                    6.1  Evaluation by Department Chairs
                                                                      Annually, Department Chairs are expected to have at least one conference with each member of their departments. During the conference the Chair, if tenured, will give the department member a clear indication of his/her performance and progress and offer an opportunity to respond to the evaluation. Tenured Chairs are expected to send to the department member, the Dean of the College, and the Faculty Personnel Committee (FPC) a written evaluation of the department member, annually for untenured members, triennially for tenured members. A copy of the letter of evaluation will go into the Promotion-Tenure Review File along with any responses to that letter made by the faculty member being evaluated. Tenured Chairs are expected to visit the classrooms of untenured department members each year and may visit the classrooms of tenured department members in the year of the triennial review.
                                                                    In the case of an untenured Chair, the Dean will designate a tenured faculty member to conduct and write up evaluations (including classroom visitations). This provision pertains to any evaluative activity stipulated for the Chairs in this (Evaluation) policy or in the Promotion and Tenure policy (signaled by the words 'tenured Chair' or 'if tenured'). The Dean will be responsible for reviewing evaluations and ensuring that they are included in the Promotion-Tenure Review File.
                                                                      6.2  Annual Probationary Review

                                                                      Prior to tenure, each faculty member on a probationary contract will be reviewed annually by the (tenured) Department Chair, the Dean of the College, and FPC.

                                                                      6.3  Triennial Evaluation
                                                                        All faculty members undergo triennial evaluations by FPC and the Dean. Typically for untenured faculty members, the third-year evaluation is a pre-tenure review, and the sixth-year evaluation is the tenure review. For the pre-tenure and the tenure review, all tenured department members, in addition to the (tenured) Chair, will submit written evaluations of the candidate for placement in the Promotion-Tenure Review File. A copy shall also be given to the candidate.
                                                                      For tenured faculty, triennial evaluations are either used as a basis for promotion decisions or, in years when promotion is not an issue. The Dean meets with the faculty member to discuss the evaluation and the faculty member's on-going work and future plans as indicated in his/her prospectus.
                                                                        6.4  Criteria and Evidence in Evaluation
                                                                          An individual's qualifications and contributions must be judged as a whole in the recognition that each person will bring his or her own particular strengths to the faculty and its mission. Again, it is important to note that a variety of evidence gives the best picture of whether a candidate is making progress. However, no candidate is expected to perform all of these activities and generate all of these forms of evidence at the same time. Where special stipulations have been made in individual contracts, these stipulations will be taken into consideration in promotion and tenure decisions.
                                                                        Rules and regulations cannot be substituted for good judgment on the part of persons responsible for appointments, promotions, tenure and salary determinations; i.e., the respective departments, FPC, the Dean of the College, the President, and the Board of Trustees. At the same time, Hamline considers certain criteria to be of primary importance. These are:
                                                                        I. Effectiveness in teaching, including command of one's subject, skill in communication, and the ability to create interest in one's subject and to relate it to other aspects of knowledge, as detailed below;
                                                                        II. Professional activity and intellectual growth, including participation in professional activities and organizations, the publication of books and articles, artistic productions, and participation in the intellectual life of the campus and community, as detailed below;
                                                                        III. Service to the College and University Community, including committee work, student advising, and other collegiate services, as detailed below.
                                                                            A.  Teaching Effectiveness
                                                                              Teaching has the highest priority at Hamline. Student and departmental evaluations and faculty information forms, which may include self-evaluation, are considered at each stage of one's career and are kept in the Promotion-Tenure Review File. Teaching is not limited to the classroom, and teaching effectiveness is the product of many characteristics. These characteristics provide the criteria for evaluation and may include, but are not necessarily limited to, the following:
                                                                                1.  Criteria
                                                                                 
                                                                                  a.  command of one's subject;

                                                                                  b.  knowledge of the relationship of one's discipline to the liberal arts tradition;

                                                                                  c.  knowledge of current developments and pedagogy in one's discipline;

                                                                                  d.  ability to relate one's subject to other areas of knowledge;

                                                                                  e.  skill in communicating with students;

                                                                                  f.  ability to plan and execute a substantive, well-organized course;

                                                                                  g.  ability to stimulate and deepen student interest in the subject matter;

                                                                                  h.  capacity to motivate students to do independent work;

                                                                                  i.  use of effective teaching methods and strategies, including evaluative techniques and instruments; and

                                                                                  j.  integrity, open-mindedness and fairness in teaching.

                                                                                  2.  Evidence

                                                                                  Since different characteristics might contribute to teaching effectiveness, evidence generated by a variety of sources is important. The following procedures or activities can help provide that evidence:

                                                                                    a.  self-evaluation, including assessment of results of student evaluations, discussion of new teaching strategies, and development of new courses;

                                                                                    b.  evaluation by (tenured) Chair;

                                                                                    c.  peer evaluations;

                                                                                    d.  student evaluations;

                                                                                    e.  a review of syllabi and other course material by peers inside or outside of the College;

                                                                                    f.  further course work or other continuing education in one's field;

                                                                                    g.  participation in seminars and/or workshops on teaching skills; and

                                                                                    h.  development of new courses.
                                                                                     

                                                                                B.  Professional Activity and Intellectual Growth
                                                                                  Effective teaching necessitates active involvement in the intellectual and scholarly developments of a discipline. Professional activity and intellectual growth can take a variety of forms. These may include one or more of the following:
                                                                                    1.  Criteria

                                                                                      a.  sustained inquiry in an area of one's discipline;
                                                                                      b.  scholarly or artistic creativity; and

                                                                                      c.  dissemination of expertise with colleagues within the University, profession, and community.
                                                                                       

                                                                                    2.  Evidence
                                                                                      The nature of professional activity varies widely among disciplines. In addition, individuals vary in the manner in which they demonstrate intellectual growth. Possible indicators of professional development include the following:
                                                                                        a.  documented self-report of activities, including copies of publications, reports, letters, etc.;

                                                                                        b.  evaluation or statements by professional peers, outside as well as inside the University;

                                                                                        c.  juried publications, exhibits or other kinds of productions;

                                                                                        d.  presentations of scholarly work to the scholarly community (e.g., at conventions);

                                                                                        e.  citation of research in other works;

                                                                                        f.  awards or grants, prizes, or commendations;

                                                                                        g.  development of new skills or areas of knowledge within one's discipline;

                                                                                        h.  student-collaborative research projects;

                                                                                        i.  editorial activities such as reviewing submissions to journals, editing, and reviewing textbook manuscripts;

                                                                                        j.  development of seminars that reflect command of new theory or research in the field; and

                                                                                        k.  consulting engagements based on scholarly or creative work.
                                                                                         

                                                                                    C.  Service to the College and University Community

                                                                                    The College depends upon its faculty for services rendered outside the classroom. A faculty member new to the teaching profession will concentrate on teaching and professional activities and will not serve on any committees during the first year. In subsequent years, committee service to the College and the University will be expected, and will be documented in the Promotion-Tenure Review File. Such service may include but is not limited to the following:

                                                                                      1.  Criteria

                                                                                        a.  participation in departmental decision-making and curriculum development processes;

                                                                                        b.  service on College/University committees;

                                                                                        c.  service in some area of College/University life -- governance, faculty development, curricular or co-curricular activity, AAUP-related work, faculty advisors to student organizations, etc.;

                                                                                        d.  service as chair of a department, divisional coordinator, director of a program, or chair of a major committee;

                                                                                        e.  acting as a representative of the University to the larger regional, national, or international community;

                                                                                        f.   service in one's expertise to the community or public at large;

                                                                                        g.  advising students in course selection and academic planning; and

                                                                                        h.  helping students discover possible career choices in their fields.

                                                                                      2.  Evidence

                                                                                      The following types of evidence, among others, may be used in evaluating these activities:

                                                                                        a.  self-report of activities both on and off campus;

                                                                                        b.  evaluation by one's (tenured) Department Chair;

                                                                                        c.  letter or statement from committee chairs or ratings by the supervisor of an activity (e.g., a report from the Director of Admissions or the Advising Office);

                                                                                        d.  acknowledgment or recognition of contributions by groups or organizations; and

                                                                                        e.  participation in workshops or seminars designed to improve advising skills, e.g., workshops on the LEAD requirement or career-development advising.

                                                                                    6.5  Self-Evaluation and Prospectus
                                                                                      There are two formal procedures for faculty self-evaluation. First, faculty members will annually fill out an information sheet that summarizes professional work accomplished in the calendar year. Second, faculty members will submit to the Dean and FPC a career prospectus outlining their teaching, professional and institutional service plans for the next three or more years. The prospectus is to be submitted on or before the first day of class in January of the year of the faculty member's triennial evaluation, except in the case of tenure reviews, when it is to be submitted by November 1 of the academic year in which the review is to take place. If a faculty member's plans for the future change, a revised prospectus may be filed.
                                                                                    FPC and the Dean will consider the faculty member's own goals in their evaluation of that faculty member. The prospectus will be reviewed by the Department Chair, FPC, and the Dean. Additional assistance may be requested of the Planning and Development Committee. Based on the priorities or relative emphases established in the prospectus, the Department Chair (if tenured), the Dean, and FPC should communicate to the faculty member a clear sense of which indicators of teaching effectiveness, professional activity and growth, and service to the institution will be given highest priority in promotion and tenure decisions. The prospectus should include the following:
                                                                                        A.  Plans concerning one's teaching: for example, plans for course development or revision, plans for the improvement of teaching, indications of the criteria and procedures by which one would like to have one's teaching evaluated (e.g., the use of peer evaluations), plans for collaborative teaching, plans for contributing to such programs as MALS, etc.;
                                                                                        Plans concerning one's professional development: for example, goals for professional projects and activities, requests for assistance in achieving those goals (e.g., released time), plans for collaborative research with students or other faculty, etc.;
                                                                                          Plans concerning institutional service: for example, requests for committee assignment or non-assignment; plans for service to departments; plans for any other type of institutional service -- advising, coordination of campus programs, etc.; and
                                                                                            An evaluation of accomplishments of the previous three years in light of the most recent prospectus.
                                                                                            6.6  Evaluation of Endowed Chairs
                                                                                              Some faculty members occupy endowed chairs. It is expected that the same criteria of teaching effectiveness, professional activity and service to the institution that apply to regular faculty members will also apply to holders of endowed chairs. In addition, specialized activities (e.g., administering a lecture series) may be stipulated by the contract/letter of appointment to the chair that are not ordinarily a part of a regular faculty member's duties. Decisions about tenure, promotion, and continuation in the chair should reflect the effectiveness with which endowed-chair faculty members carry out their specialized activities. It is expected that they will obtain appropriate evidence documenting their effectiveness in carrying out such specialized activities (e.g., evaluations from participants in a lecture series) and place that evidence in the Promotion-Tenure Review File.
                                                                                              6.7  Librarian Evaluation

                                                                                              Librarians with full faculty status are referred to as Faculty Librarians, while those belonging to the academic support staff are referred to as Professional Librarians. Librarians are evaluated as follows:

                                                                                                A.  Evaluation of Faculty Librarians. Faculty Librarians will be evaluated according to current "Standards for Faculty Status for College and University Librarians" as approved by the American Library Association. Faculty Librarians will be held to the same evaluation and tenure-promotion policies as other members of the Hamline Faculty. The evaluative criteria for promotion and tenure will include teaching effectiveness, including bibliographic instruction; professional activity; and service to the College and University, with particular emphasis on service to the Library. Evidence used in evaluations will include a faculty information report of activities for the year just past, relevant student evaluative material, and a review of their performance by the Department Chair. These materials will be reviewed by FPC whose recommendation will be forwarded to the Dean of the College.
                                                                                                  B.  Evaluation of Professional Librarians. Professional Librarians will be annually evaluated according to current '"Standards for College Libraries'" approved by the Association of College and Research Libraries. Triennial promotion reviews will be conducted by a representative of FPC, the Library Director(s), and the Dean based on the applicable levels. Evidence used in evaluations will include a self-evaluation report of activities for the year just past, other pertinent evaluative materials, and recommendation by the Director(s) of Bush Library. The basic quality that must be evident for promotion in rank is the ability to perform at a high professional level in areas which contribute to the educational and research mission of the institution, such as: reference service, collection development, and bibliographic organization and control.
                                                                                                  6.8  Evaluation of Per-Course Faculty
                                                                                                    Evaluation of per-course faculty will be done at the departmental level.
                                                                                                    6.9  Evaluation of Coaching Staff
                                                                                                      The committee for review of the coaching staff of the Department of Athletics will be the Women's Athletic Director, the Men's Athletic Director, the Physical Education Chair, a representative from the Faculty Personnel Committee (FPC), a faculty representative from the Athletic Policies Committee, and a representative from the office of the Dean. Performance will be evaluated in a fashion similar to FPC practices, and recommendations will be made to the Dean. Primary performance criteria are effectiveness of recruitment and coaching of intercollegiate athletic teams and effectiveness of teaching in the College of Liberal Arts.
                                                                                                        A.  Evaluation Procedures For Coach-Lecturers.

                                                                                                          1.  Criteria
                                                                                                            As indicated in their job descriptions, Coach-Lecturers function as coaches, recruiters, and teachers.
                                                                                                            2.  Materials to be Submitted
                                                                                                              An Evaluation Dossier for each Coach-Lecturer will be set up and maintained in the office of the Dean of the College. Forms will be available both in the Dean's Office and from the Athletic Directors. This dossier will consist of yearly submissions of the following materials:
                                                                                                                a.  Evaluation of Coaching and Recruiting by Athletic Director
                                                                                                                  This evaluation will take into account preseason and post-season conferences that the Athletic Director holds with the Coach-Lecturer.
                                                                                                                  b.  Evaluation of Coaching by Student-Athletes
                                                                                                                    Coach-Lecturers will be evaluated each season by the student members of their teams according to the following schedule:
                                                                                                            Years 1, 2, 5:   Form A (long form)
                                                                                                            Other years:   Form B (short form), unless the long form is requested either by the Athletic Director or the Coach-Lecturer
                                                                                                                    c.  Evaluation of Teaching by Chair of Physical Education
                                                                                                                      This evaluation will include teaching evaluation forms collected on the following schedule
                                                                                                              Coach-Lecturer I:   every course, each term

                                                                                                              Coach-Lecturer II:   every course, each term

                                                                                                              Coach-Lecturer III:   One course per year, as designated by the chair

                                                                                                                      d.  Self-Evaluation Form
                                                                                                                        This evaluation will involve a personal assessment by each Coach-Lecturer of their coaching, recruiting, and teaching as well as information about other professional and institutional activities.
                                                                                                                      3.  Specific Procedures
                                                                                                                        The formal evaluation of the Coach-Lecturer will be conducted by the Evaluation Committee on the basis of the materials provided in the Coach-Lecturer's Dossier.
                                                                                                                          a.  The Evaluation Committee will consist of the Women's Athletic Director, the Men's Athletic Director, the Chair of the Physical Education Department, a representative of FPC, a representative of Athletic Policies Committee, and a representative of the CLA Dean's Office. The representative from FPC will serve as chair of the Evaluation Committee.
                                                                                                                          b.  Formal evaluation will take place according to the following schedule:

                                                                                                                            Coach-Lecturer I:   in the first and third year;

                                                                                                                            Coach-Lecturer II:   in the third year;

                                                                                                                            Coach-Lecturer III:  every three years.

                                                                                                                  However, either the Athletic Director or the Coach-Lecturer may also request evaluation in the other years.
                                                                                                                          c.  The Evaluation Committee will make recommendations to the Dean of CLA as to contract renewal and promotion to a higher level.

                                                                                                                          d.  The Coach-Lecturer will be notified on or before March 1 of his/her contract status for the following year(s).

                                                                                                                          e.  A Coach-Lecturer may appeal to the FIRC a decision not to reappoint

                                                                                                                  (Return to Table of Contents)


                                                                                                                  Section 7:  Promotion and Tenure

                                                                                                                    7.1  General Statement
                                                                                                                      Hamline University seeks to sustain and improve its academic stature. Maintaining and improving the quality of the Faculty is a primary means of achieving these ends. Promotion in academic rank and the granting of tenure are means by which the College encourages, recognizes, and rewards faculty members for excellence in the performance of their duties. In particular, the salary of a tenured faculty member shall not be reduced without consent of the faculty member, except in cases of financial exigency.
                                                                                                                      7.2  General Criteria
                                                                                                                        For both promotion and tenure, an individual's qualifications and contributions must be judged as a whole and with the recognition that each person will bring his or her own particular strengths to the Faculty and its mission. Rules and regulations cannot be substituted for good judgment on the part of persons responsible for appointments, promotions, tenure and salary determinations -- i.e., the respective departments, the Faculty Personnel Committee (FPC), the Dean of the College, the President, and the Board of Trustees. At the same time, Hamline considers certain criteria to be of primary importance. These are:
                                                                                                                      I. Effectiveness in teaching: Teaching has the highest priority at Hamline University. Student and departmental evaluations and faculty information forms, which may include self-evaluation, are considered at each stage of one's career and are kept in the Promotion-Tenure Review File. Teaching is not limited to the classroom, and a variety of factors contribute to teaching effectiveness.

                                                                                                                      II. Professional activity and intellectual growth: Activity in one's discipline and a program of continuing study are a vital part of a faculty member's contribution to the mission of the University and are to be documented in the Promotion-Tenure File.

                                                                                                                      III. Service to the College and the University community: A faculty member new to the teaching profession will concentrate on teaching and professional activities and will not serve on any committees during the first year, although he/she may well participate in other forms of service. In subsequent years, committee service to the College and University will be expected, and will be documented in the Promotion-Tenure File.

                                                                                                                      In each of the first two years, the faculty information form will serve as a reference point for faculty development. A prospectus will be written in the third year, and every three years thereafter as part of each triennial review process. These documents should address, but need not be limited to, items detailed below.
                                                                                                                        7.3  Eligibility for Promotion and Tenure
                                                                                                                          In the following two sections, "years of service/in rank" does not include leaves over a semester other than sabbaticals.
                                                                                                                            A.  Eligibility for Tenure
                                                                                                                              Tenure is a privilege and status granted to a faculty member who has superior preparation for his or her teaching assignments and is doing outstanding work in this assignment. It is expected that individuals granted tenure embody and enhance the highest aspirations and expectations of Hamline University and its Faculty. The Statement of Principles on Academic Freedom and Tenure approved by the American Association of University Professors and the Association of American Colleges is used as a general guide to tenure policies at Hamline University, including eligibility:
                                                                                                                                1.  Faculty members eligible for tenure are those who hold full-time appointments at or above the rank of Assistant Professor and who teach no less than half time, plus all librarians holding faculty rank.
                                                                                                                                2.  Tenure is granted only to a person holding the highest relevant degree for the discipline as established in the initial appointment.

                                                                                                                                3.  Faculty members shall be considered for tenure during the sixth year of full time service at Hamline University. Up to three years of full-time service at other institutions may be credited toward the six years requirement at the time of initial hiring, but shall not be officially credited until after a full year of service. (The initial hiring evaluation will stand in lieu of a third-year review for persons granted a full three-years credit for previous full-time experience. Persons granted a full two-years credit for previous experience will undergo pre-tenure review and write a prospectus in their second year at Hamline.)

                                                                                                                                B.  Eligibility for Promotion
                                                                                                                                  Recommendations for promotion are based on merit and are not automatic upon completion of a set number of years in rank. If given tenure, however, a faculty member who has held the rank of Assistant Professor for at least five years must also be promoted to the rank of Associate Professor. Consideration for promotion usually occurs in the range of years listed below, with automatic review each year after a faculty member reaches the highest number of years given for each rank and has made initial application. Promotion during the first years of eligibility is the exception rather than the rule. The normal range of years in rank before consideration for promotion to a higher rank is as follows:
                                                                                                                                    1.  In the rank of Instructor, normally 3 to 4 years. Completion of the highest appropriate degree for the discipline is usually required before promotion beyond the Instructor rank.

                                                                                                                                    2.  In the rank of Assistant Professor, normally 5 to 6 years.

                                                                                                                                    3.  In the rank of Associate Professor, normally 6 to 9 years.

                                                                                                                                    C.  Evidence: Tenure-Promotion Review Files
                                                                                                                                      The evaluation by FPC and the Dean shall be based on evidence contained in the Tenure-Promotion Review File prepared by the faculty member and kept in the Dean's office. It is the responsibility of the faculty member to examine the file and to make sure that it is complete for formal evaluation. Only the materials in this file shall be used in the evaluation process. While FPC and the Dean may wish to consult experts, either from within or outside the University for information that might aid them in their evaluation, no material may be placed in the file without the candidate's knowledge. The candidate has the right to include in the file a written response to any material placed in the file. The material in the review file shall be available only to the candidate, the tenured Department Chair, FPC, the Dean and his/her designees, the President and his/her designees, and persons designated by the candidate. At all times confidentiality of these files will be respected. For the contents of the file, see Section 5.2.
                                                                                                                                      D.  General Policies and Procedures for Promotion and Tenure Review.
                                                                                                                                        FPC shall conduct a formal review of all faculty members who are eligible for tenure and/or wish to apply for promotion. During the last week of the spring term preceding the tenure-review year, in the case of tenure reviews, and during the first week in October, in the case of pre-tenure and promotion reviews, the Dean of the College shall notify all candidates scheduled for such reviews of their responsibility for compiling a review file and of the appropriate deadlines.
                                                                                                                                        Both FPC and the Dean shall review the tenure-promotion file and base their decision solely on material in the file. While the Dean is not a member of FPC, it is expected that the Dean and FPC will meet with one another on more than one occasion before a tenure and/or promotion decision is made. A determined effort shall be made to arrive at a single decision concerning a candidate. FPC shall vote by secret ballot, and the outcome will be announced to FPC and the Dean. If a consensus has been reached between FPC and the Dean, the Dean shall report the recommendation to the President who shall then recommend to the Board of Trustees (in tenure cases) or make the final decision (in promotions). Following action by the Board or President, the President shall report the decision to the candidate. A copy of FPC and the Dean's recommendation shall be placed in the tenure-promotion file.
                                                                                                                                    If FPC and the Dean make different recommendations, they shall meet jointly to try to reconcile the difference and arrive at a single recommendation. Should it prove impossible for FPC and the Dean to agree on the recommendation, both recommendations shall be forwarded to the President. The President shall then meet with the Dean and a representative of FPC to discuss the case before making his or her recommendation/ decision. The President makes the final decision in matters of promotion. In tenure cases, the President makes a recommendation to the Board of Trustees. The final decision rests with the Board.
                                                                                                                                        E.  Special Policies and Procedures in Tenure Review.

                                                                                                                                          1.  Pre-Tenure Reviews.
                                                                                                                                            Pre-tenure reviews are intended to provide helpful, formative feedback to the faculty member, as well as to provide the information necessary for informed institutional decisions concerning contract renewal prior to the AAUP designated deadlines. Annual reviews of tenure-track faculty by (tenured) Department Chairs are described in the evaluation policies. The following applies to the third-year pre-tenure review:

                                                                                                                                            The Third-Year Review provides faculty members with an assessment of their institutional status and progress toward tenure. It is summative as well as formative in nature. The department, FPC, an outside evaluator, and the Dean participate in the review. If a departmental colleague of an FPC member is under Third-Year Review, that FPC member participates with the department but not with FPC in its consideration of the case. Special attention is given to identifying problem areas so that the faculty member will have the opportunity to make improvements prior to the final tenure review. Reviews written by the Dean, the (tenured) Department Chair, and the FPC are kept in the candidate's tenure-promotion file. In addition to the Chair's review, the Chair will assure that all tenured members of the department also provide FPC and the Dean a written evaluation of the candidate. A meeting between the candidate, the Department Chair (or designee), the chair of FPC, and the Dean will be held subsequent to the various reports having been filed and reviewed by the faculty member.

                                                                                                                                            The initial hiring evaluation will stand in lieu of a Third-Year Review for persons granted a full three-years' credit for previous full-time experience. Persons granted a full two-years' credit for previous experience will undergo pre-tenure review, including the preparation of a prospectus, in their second year at the College.

                                                                                                                                      In the interest of the faculty member's professional development, both a prospectus and a proposal for a two-course release are part of the candidate's Third-Year Review materials. If the proposal is approved by the Dean, the faculty member will have a 4-course teaching load in their fourth year, with the 2-course release providing time for professional activity.
                                                                                                                                            2.  Tenure Review.

                                                                                                                                              a.  The granting of tenure is recommended by the tenured members of the department, the (tenured) Department Chair, the FPC, and the Dean of the College to the President of the University, who then makes a recommendation to the Board of Trustees. (If a departmental colleague of an FPC member is under Third-Year Review, that FPC member participates with the department but not with FPC in its consideration of the case.) The final decision rests with the Board.
                                                                                                                                              b.  Faculty members recommended and approved for tenure shall receive written notification by the President on behalf of the Board of Trustees immediately following the approval. Tenure is continuous until retirement, resignation, termination for cause, layoff due to discontinuance of an academic program or financial exigency, or separation because of a faculty member's inability to perform the essential functions of the job even with any reasonable accommodation.
                                                                                                                                                (Except in extraordinary circumstances, tenured faculty who experience layoff due to financial exigency will be reinstated as soon as the emergency subsides.)
                                                                                                                                                c.  Positive tenure recommendation shall include suggestions, if any, from the candidate, FPC and the Dean for specific areas of positive personal and professional growth and enhanced effectiveness.

                                                                                                                                                d.  The granting of tenure is not automatic. It is the result of careful consideration of the various criteria and evidence specified in the foregoing sections by the (tenured) Department Chair, tenured department colleagues, the Dean and FPC. A decision not to grant tenure does not imply total dissatisfaction or a denial of academic competence; rather, it typically means that the College cannot fully justify a commitment to the faculty member in question for what may be the remainder of his/her career.

                                                                                                                                                e.  A faculty member not approved for tenure will be notified in person and in writing by the Dean of the College. Reasons for the decision will be indicated. The faculty member may request that the Grievance Mediation Committee review the decision.

                                                                                                                                                  If the University failed to comply with any part of the procedures for tenure review (including any time limits, notification dates or evaluations) and the Grievance Mediation Committee recommends that the review be repeated the following year, the affected faculty member shall be granted another year of employment, during which the tenure review process is repeated. Should that review be negative, the provisions set forth in "f" below will apply. In any case, he/she shall not be granted (and cannot make any claim for) automatic tenure.

                                                                                                                                                  f.  A faculty member not approved for tenure will be offered a terminal year contract for the year following the tenure decision, with the expectation that he/she will have all the rights and fulfill all the obligations of other full-time faculty members. The use of a sabbatical in the seventh year, however, is contingent upon the granting of tenure.

                                                                                                                                              F.  Special Policies and Procedures in Promotion Review

                                                                                                                                                1.  Except in the case of promotion to Associate Professor in conjunction with the granting of tenure, the initial responsibility of applying for advancement in rank and the burden of proof for advancement rests with the individual faculty member. In the first week of the academic year, the Dean of the College shall inform faculty members of their eligibility for promotion in the first year of their eligibility. Faculty members who wish to apply for promotion in rank must inform FPC and the Dean of their intentions on or before September 15 of the academic year in which they wish to be reviewed.

                                                                                                                                                2.  The final decision in promotions rests with the President. When an application for promotion is approved by the President, the promotion in rank will take effect with the beginning of the next contract period.

                                                                                                                                          (Return to Table of Contents)


                                                                                                                                          Section 8:  Separation

                                                                                                                                          At times Hamline University and/or individual faculty members may find it necessary to sever their contractual relationship. The types of separation and the policies and procedures related to each are set forth below.

                                                                                                                                          Types of Separation
                                                                                                                                          A. resignation ( 8.1)
                                                                                                                                          B. retirement ( 8.2)
                                                                                                                                          C. voluntary early severance (8.3)
                                                                                                                                          D. non-reappointment prior to tenure decisions ( 8.4)
                                                                                                                                          E. prolonged mental and physical illness ( 8.5)
                                                                                                                                          F. layoff ( 8.6)
                                                                                                                                          G. dismissal for cause ( 8.7)
                                                                                                                                          H. action short of dismissal, suspension ( 8.8)
                                                                                                                                          I. progressive discipline of faculty members ( 8.9)
                                                                                                                                          8.1  Resignation

                                                                                                                                          Faculty members contemplating a change in position will give adequate notice of their intentions to their Department Chair and the Dean of the College. Resignations should be submitted in writing early enough to give the institution time to locate a suitable replacement, but no later than May 15 or thirty (30) calendar days after receiving notification of the terms of his or her continued employment for the following year, whichever date occurs later.

                                                                                                                                            8.2  Retirement
                                                                                                                                              Pursuant to applicable law, there is no mandatory retirement age at Hamline. Any ranked faculty member who retires voluntarily under Hamline's voluntary early severance plan is entitled to the terms of the voluntary early severance plan then in effect.
                                                                                                                                              8.3  Voluntary Early Severance
                                                                                                                                                Whenever it is fiscally possible any faculty member aged 55 through 63 who has occupied a full-time faculty position at Hamline for a minimum of 15 years may apply for early severance in accordance with the current CLA policy and procedures.
                                                                                                                                                8.4  Non-Reappointment Prior to Tenure Decisions
                                                                                                                                                  Notice
                                                                                                                                                A decision by the Dean of the College not to reappoint a regular full-time faculty member may take place prior to the time of a tenure decision. In such cases, the timing indicated under "Notice of Non-renewal" will be followed (see below, 8.4 A).

                                                                                                                                                Reasons

                                                                                                                                                Instances of decisions not to renew prior to the tenure decision may be a result of the curricular and/or financial needs of the University. Such decisions will take place within the context of consultation by the Dean of the College with the faculty member, the departments involved, and relevant faculty standing committees. (See below, 8.6)

                                                                                                                                                When the decision not to reappoint results from dissatisfaction with the faculty member's work or from incompatibility within the department, an indication of the nature of the dissatisfaction or incompatibility must have come to the faculty member prior to the decision being made, following procedures outlined in Sections 6 and 7. The notification will come from either the Department Chair or the Dean. Except in instances when the educational program of the College or the department will be seriously compromised, the faculty member will have a reasonable time to strengthen his or her work or to correct the incompatibility before the decision not to reappoint is made. The decision must involve consultation among the Department Chair, the Faculty Personnel Committee (FPC), and the Dean. The faculty member will be promptly informed of this decision and will be provided written reasons in explanation of the decision not to reappoint, unless written explanation is waived by the faculty member.
                                                                                                                                                In any case of a decision not to reappoint, the faculty member may appeal to the Grievance Mediation Committee (see Section 9.4).
                                                                                                                                                    A.  Notice of Non-Renewal
                                                                                                                                                      A ranked, full-time faculty member whose appointment is terminated can expect to be provided with written notification according to the following recommendations of the American Association of University Professors:
                                                                                                                                                        1.  Not later than March 1 of the first academic year of service, if the appointment expires at the end of that year; or, if a one-year appointment terminates during the academic year, at least three months in advance of its termination.
                                                                                                                                                          2.  Not later than December 15 of the second academic year of service, if the appointment expires at the end of that year, or, if an initial two-year appointment terminates during an academic year, at least six months in advance of its termination.

                                                                                                                                                          3.  At least twelve months before expiration of an appointment after two or more years in the institution. If the University fails to provide timely notice, the affected faculty member shall be granted another year of employment but shall have no right to tenure or other employment continuation after such additional year.

                                                                                                                                                            These stipulations shall not apply in the case of per-course faculty on term contracts. (See above, Section 4.3)
                                                                                                                                                        8.5  Prolonged Mental or Physical Illness

                                                                                                                                                          A.  Tenured Faculty
                                                                                                                                                            If a tenured faculty member is unable to perform all or a substantial part of his/her duties with or without a reasonable accommodation for a period of more than six months because of a serious health condition, disability, or similar causes, he/she does not lose tenure, but may request, or be placed on, an indefinite leave of absence with medical benefits but without pay following the regular procedures in Section 10.2 B until such time as he/she shall be able to resume teaching duties. Such leave will be reviewed periodically. The faculty member must provide evidence of the serious health condition or disability when requesting this leave. The University reserves the right to verify the serious health condition or disability through professionals of its choosing.
                                                                                                                                                        The University's decision to terminate will be reached only after:
                                                                                                                                                              1.  the faculty member has been unable to perform his/her duties for a period of more than six (6) months;
                                                                                                                                                              2.  there is no reasonable expectation that the faculty member will be able to resume his/her duties with or without a reasonable accommodation or the accommodation would impose an undue hardship on the College; and

                                                                                                                                                              3.  the faculty member or his/her representative has been informed of the basis for the proposed action, and has been afforded an opportunity to present his/her position and to respond to the evidence. If the faculty member so requests, the evidence will be reviewed by FPC before the President makes a decision to send a recommendation for termination to the Board of Trustees. If after FPC review the President intends to go ahead with the recommendation to terminate, the President shall communicate in writing his/her decision to do so to the faculty member who may then appeal to the Grievance Mediation Committee.

                                                                                                                                                              B.  Untenured Faculty
                                                                                                                                                                In the event that an untenured faculty member is unable to perform all or a substantial part of his/her duties for a period in excess of six months because of ill health despite reasonable accommodation, the University may terminate the appointment at the end of the contract period.
                                                                                                                                                            Termination of a notice/probationary, term, or special appointment contract for medical reasons before the end of the period of appointment will be based upon medical evidence that a faculty member is or will be unable to perform the terms, conditions, and normal duties of the appointment because of ill health despite reasonable accommodation. A faculty member shall present medical evidence of his/her state of health to the Dean. The decision to terminate will be made by the Dean of the College and will be reached only after the faculty member or his/her representative has been informed, in writing, of the basis for the proposed action and the reasons for it. The faculty member or his/her representative may request that the situation be reviewed by the FPC before final action is taken by the Dean, after which the faculty member may appeal to the Grievance Mediation Committee. The University will, in each case, work within the disability program to ease the burden of any such medical termination as far as is contractually possible.
                                                                                                                                                              8.6  Layoff
                                                                                                                                                                Layoff is a severance action by which the University terminates the services of a ranked faculty member without prejudice as to his/her performance. Faculty so laid off will have preference in rehiring according to procedures stipulated below.
                                                                                                                                                              Reasons for layoff are:
                                                                                                                                                              discontinuance of an academic program or department; or financial exigency.
                                                                                                                                                                  A.  Discontinuance of an Academic Program or Department
                                                                                                                                                                    Termination of a faculty member may occur as a result of the discontinuance of an academic program or department (also referred to as "major change" or "curricular change"). Decisions about such major changes are made by the Board after receiving recommendation from the President who shall have received a joint recommendation from the Dean of the College, the Academic Policies Committee (APC), and the Planning and Development Committee (PDC).

                                                                                                                                                                    Individual layoff decisions resulting from curricular changes will follow the "general procedures" and "order of layoff" described in sections C and 4(a) below. Faculty laid off under a curricular change will receive notice according to the schedule outlined below or at least one year's notice if on a continuous contract. The University will normally end such programs and the faculty member's relationship with the University at the end of an academic term. Faculty terminated under this Section have the same rights as those under Financial Exigency.

                                                                                                                                                                    B.  Financial Exigency
                                                                                                                                                                      Financial Exigency is a rare and serious institutional crisis which is defined as the critical, urgent need of the University to reorder its current funds and monetary expenditures in such a way as to remedy and relieve its inability to meet projected annual monetary expenditures with sufficient revenue.

                                                                                                                                                                      The Board of Trustees, upon recommendation of the President who will have consulted with the Dean of the College and the Faculty, decides (a) if a financial crisis meets the criteria, and (b) whether a state of public financial exigency should be declared. The Faculty participates in the decision that financial exigency exists through its representatives on the Faculty Institutional Relations Committee (FIRC) and the Planning and Development Committee (PDC), which advise the Dean. However, the President and the Board of Trustees shall have final authority in all matters related to financial exigency.

                                                                                                                                                                      C.  General Procedures Regarding Layoff

                                                                                                                                                                        1.  Once a state of financial exigency has been declared, the Dean, in accordance with the Academic Policies Committee (APC), PDC, and FPC, shall recommend to the President a specific plan of action to respond to the declared exigency. The President shall recommend action to the Board of Trustees for their approval. Such action may be to eliminate some departments or programs, or to distribute layoffs throughout the faculty so as to prevent the elimination of any program or department.
                                                                                                                                                                          2.  Except under extraordinary circumstances where a serious distortion of the academic program would otherwise result, if a ranked faculty member is to be laid off for reasons described below, no faculty will be hired in that department within a period of three years unless the terminated faculty member has been offered reappointment under conditions comparable to those held at the time of layoff, and has been given ninety days after written notice of the offer of reappointment within which to accept, in writing, the reappointment. The determination of extraordinary circumstances is made by the Dean in consultation with the Department Chair, APC, FPC, and PDC.
                                                                                                                                                                            3.  It shall be the duty of a laid off faculty member to keep the University informed of his/her current address for the purpose of this Section, and notice sent to the address by the University shall be presumed received if sent by certified mail, postage prepaid.
                                                                                                                                                                            D.  Specific Procedures on Layoff
                                                                                                                                                                              Once the department or academic program to be affected has been determined, the decision to lay off a particular faculty member shall be according to the following guidelines:
                                                                                                                                                                                1.  Layoff of specific faculty shall be recommended by the Dean in consultation with FPC. The Dean recommends to the President, who makes the final decision.

                                                                                                                                                                                2.  In the case of financial exigency where short notices and effective action are necessary, the following procedures may be followed:


                                                                                                                                                                                  a.  FPC and the Dean may advise the President to hold all contracts until May 31, and serve notice to non-tenured faculty on non-renewal of contracts, pending a final decision on the seriousness of the financial exigency;

                                                                                                                                                                                  b.  Any tenured faculty being laid off will receive one year's notice from the date of officially receiving the decision of the President. Untenured or term faculty will complete the current academic term in progress on the date of the decision by the Board of Trustees;

                                                                                                                                                                                  3.  Tenured faculty who have been laid off shall be offered either teaching or non-teaching positions in the University if there are openings for which they qualify in the estimation of the Dean, the receiving department or unit, and FPC; and they shall be offered up to six months' retraining for such positions.
                                                                                                                                                                                  4.  The University shall assist displaced tenured faculty to find employment in industry, government, or in other educational institutions, e.g., by providing office space, use of telephone, letterhead, voice mail, and access to other University facilities.

                                                                                                                                                                                    a.  Order of Layoff Within a Department or Program
                                                                                                                                                                                      The decision to layoff a faculty member in a particular department shall be according to the procedures outlined below.
                                                                                                                                                                              i. Prior to involuntary dismissals, the following voluntary measures should be considered:
                                                                                                                                                                              a). If a department is reduced by one person, it may consider retaining all faculty, but on a reduced salary and workload. Such a program shall not be implemented without the consent of all affected department members;
                                                                                                                                                                               

                                                                                                                                                                              b). The possibility of voluntary phased retirements may beconsidered.

                                                                                                                                                                              ii. Involuntary Measures
                                                                                                                                                                              a). The teaching duties of full-time administrators who are teaching within the program or department involved will be terminated first, except as necessary to avoid serious distortion of program integrity (see e and f below);

                                                                                                                                                                              b). Term contract faculty will next be terminated within the program or department involved, except as necessary to avoid serious distortion of program integrity (see e and f below);

                                                                                                                                                                              c). In a recommendation regarding the termination of the appointment of a probationary faculty member, program integrity (see e and f below) will be the primary consideration;

                                                                                                                                                                              d). In a recommendation regarding the termination of the appointment of a tenured faculty member, program integrity (see e and f below) will be the primary consideration;
                                                                                                                                                                               

                                                                                                                                                                              e). The appointment of a faculty member with tenure will not be terminated in favor of retaining a faculty member without tenure, except in extraordinary circumstances where a serious distortion of the academic program would otherwise result. The recommendation of extraordinary circumstance will be made to the Dean by the department in consultation with APC and FPC.; and

                                                                                                                                                                              f). The Dean shall provide the appropriate committees and interested parties with appropriate documentation supporting program integrity as well as rank, degrees, and seniority.
                                                                                                                                                                                  E.  Appeals on Layoff
                                                                                                                                                                                    If the University issues notice to a particular faculty member of an intention to terminate the appointment because of layoffs, the faculty member may appeal the decision to the Grievance Mediation Committee. The issue of the grievance shall be confined to the criteria specified in Section 9.7 D. The grievance procedure will not be interrupted or denied because of the layoff, nor will layoff for financial exigency be delayed if the grievance is not settled by the effective date.
                                                                                                                                                                                    F.  Reinstatement after Layoff

                                                                                                                                                                                      1.  Reinstatement after Layoff due to Discontinuance of an Academic Program or Department
                                                                                                                                                                                        If a position or a program within a department is reinstated within three years following a layoff due to a curricular change, the laid off faculty member(s) shall be reinstated to their former position at the same status and with all the rights they had at the time of layoff. Except under extraordinary circumstances (see above ), a laid off faculty member shall be reinstated to fill any position within a department for which they are qualified prior to a new person's being hired into that department during a three-year period following the layoff.
                                                                                                                                                                                        2.  Reinstatement after Layoff due to Financial Exigency
                                                                                                                                                                                          Reinstatement after layoff due to financial exigency will occur as soon as practicable. The reinstatement of tenured faculty members shall precede that of untenured members, and the reinstatement of full-time teaching members shall precede that of per-course (term contract) faculty members. Last shall be the assignment or reinstatement of teaching duties to full-time administrators.
                                                                                                                                                                                      8.7  Dismissal for Cause

                                                                                                                                                                                        A.  Dismissal for Cause is a severance action by which Hamline University terminates its contract with the faculty member for just cause. Any teaching contract is subject to action under this Section. Dismissal for Cause must be directly and substantially related to the fitness of a faculty member to continue his/her professional capacity as a teacher.

                                                                                                                                                                                        B.  Dismissal will not be used to restrain a faculty member's academic freedom.

                                                                                                                                                                                        C.  Dismissal proceedings for cause may be instituted on the grounds of professional incompetence or serious personal misconduct. Examples include but are not limited to:

                                                                                                                                                                                          1.  continued neglect of contractual duties in spite of repeated oral and written warnings;

                                                                                                                                                                                          2.  deliberate and serious violation of the rights and freedom of fellow faculty members, administrators, or students;

                                                                                                                                                                                          3.  conviction of a crime directly related to the faculty member's fitness to practice his/her profession;

                                                                                                                                                                                          4.  serious failure to follow the professional ethics of one's discipline;

                                                                                                                                                                                          5.  falsification of credentials and experience; or

                                                                                                                                                                                          6.  engaging in illegal harassment.

                                                                                                                                                                                          D.  Procedures for Dismissal for Cause
                                                                                                                                                                                            In matters relating to dismissal, the Faculty Personnel Committee shall serve in an advisory capacity to the Dean of the College and to the President. There are two ways in which a dismissal can be initiated: either by recommendation of the Dean to the President, or by the President him/herself. The President makes the decision. In every instance, dismissal procedures shall include the following steps, all of which shall ordinarily not exceed twenty one (21) days:
                                                                                                                                                                                              1.  written notice to the faculty member from the President that he/she intends to initiate dismissal proceedings, or from the Dean that a recommendation for dismissal for cause shall be made to the President. This notice shall contain a written statement of the grounds upon which the recommendation is to be made, and the available documentation of information supporting such grounds;
                                                                                                                                                                                              2.  upon receipt of notice from the Dean, a reasonable opportunity for the faculty member, if he/she so chooses, to meet with the Dean to present his/her defense to the dismissal recommendation before the recommendation is presented to the President;

                                                                                                                                                                                              3.  again, upon receipt of notice from the Dean, a reasonable opportunity for the faculty member, if he/she chooses, to meet with FPC to present his/her defense to the dismissal recommendation before the recommendation is presented to the President; and

                                                                                                                                                                                              4.  a reasonable opportunity for the faculty member, if he/she chooses, to meet with the President to present his/her defense to the Dean's dismissal recommendation if it is accepted by the President, or to a dismissal action initiated by the President.

                                                                                                                                                                                              E.  Burden of Proof in Dismissal Proceedings
                                                                                                                                                                                                In any case involving dismissal for cause, the burden of proof that just cause exists shall be on the University, which proof shall be by evidence in the record considered as a whole.
                                                                                                                                                                                                F.  Appeals on Dismissal
                                                                                                                                                                                                  The decision of the President may be the basis of a grievance before the Grievance Mediation Committee, which shall seek to mediate the dispute in accordance with procedures established in Section 9 of this Handbook.
                                                                                                                                                                                                8.8  Action Short of Dismissal, Suspension

                                                                                                                                                                                                  A.  Depending on the circumstances, the President, in consultation with the Dean of the College, may elect to impose a disciplinary action short of dismissal for causes listed in 8.7, such as suspension for a period of time (with pay) withdrawal of faculty privileges, probation, counseling, treatment and other appropriate measures. The President may take such disciplinary action without previous citation or warning. Suspension may be without pay after the conclusion of any relevant grievance, if the suspension has been upheld by the grievance process.

                                                                                                                                                                                                  B.  Suspension may also be the temporary separation of a faculty member from the University when it is determined by the President that there is a strong likelihood that the faculty member's continued presence at the University poses an immediate threat of serious mental or physical harm to the University community. Such suspension shall be with pay and shall last only so long as the threat of harm continues or until dismissal for cause occurs, or until other remedial action is completed. (See also Section 9.5). Suspension may be without pay after the conclusion of any relevant grievance, if the suspension has been upheld by the grievance process.

                                                                                                                                                                                                  C.  FPC shall serve in an advisory capacity to the Dean and the President on such matters. If the faculty member questions the decision, he/she may appear before FPC to present his/her case.

                                                                                                                                                                                                  D.  Appeals on Action Short of Dismissal

                                                                                                                                                                                                  The decision of the President may be the basis of a grievance before the Grievance Mediation Committee, which shall seek to mediate the dispute in accordance with procedures established in Section 9 of this Handbook.
                                                                                                                                                                                                   

                                                                                                                                                                                                8.9  Progressive Discipline of Faculty Members
                                                                                                                                                                                                  A.  Discharge for cause should, except in extraordinary circumstances, be preceded by a written admonition by the appropriate administrative officer describing the alleged problem and warning that the faculty member's contract status is in jeopardy. The warning must also stipulate a period of time within which correction of the alleged problem is expected. If the faculty member does not contest the allegation and corrects the problem, the matter is settled. If the faculty member fails to correct the problem, dismissal procedures or a lesser sanction may be applied. In extraordinary circumstances, summary discharge or other summary measures may be imposed without prior progressive discipline.

                                                                                                                                                                                                  B.  Actions in Sections 8.8 and 8.9 are grievable through the procedures in Section 9.

                                                                                                                                                                                              (Return to Table of Contents)


                                                                                                                                                                                              Section 9:  Grievance

                                                                                                                                                                                                9.1  Intent
                                                                                                                                                                                                  Hamline University and the CLA Faculty are committed to promoting and maintaining a collegial spirit among members of the Faculty and Administration. Accordingly, Administration and Faculty agree to use their best efforts to encourage informal and prompt settlement of differences. Further, they are committed to the use of mediation and finally to orderly and fair processing of grievances and disputes according to the procedures set forth below. Hamline University and the CLA Faculty recognize and endorse the importance of due process and of adjusting grievances properly without fear of prejudice or reprisal. The peaceful, non-adversarial, mutually agreeable resolution of disputes is a primary goal. In the same spirit, the time limits specified in the following are meant to serve as clear guidelines but not as absolutes in the grievance process.

                                                                                                                                                                                                  9.2  Definition

                                                                                                                                                                                                An individual grievance is a dispute between an individual faculty member and another faculty member, a faculty committee, the Administration, and/or the Board of Trustees. The substance of an individual grievance may involve, but is not limited to, any of the following: compensation, benefits, workload, working conditions, appointment, reappointment, tenure, promotion, reassignment, suspension, or termination.
                                                                                                                                                                                                A grievance is the preferred mechanism for resolving such disputes.
                                                                                                                                                                                                  9.3  General Provisions Applicable to All Steps of the Grievance Procedure

                                                                                                                                                                                                  Failure at any step of this procedure to appeal a grievance to the next step within the specified time limits shall be deemed to be acceptance of the decision rendered at that step. Failure at any step of this procedure to communicate the decision on the grievance within the specified time limits shall permit the grievant to proceed to the next step. Extensions of time will normally be granted for good and sufficient reasons by mutual agreement. Breach of the specified time limits under extenuating circumstances shall not be judged to nullify or invalidate the grievance process. Such circumstances shall be urgent and compelling and not a matter of convenience or caprice. Any faculty member has the right to by-pass or withdraw from these internal procedures and take his/her case to an outside agency. For cases that may involve allegations relevant to any University-wide established procedures, (such as, for example, sexual/diversity-based harassment), such University-wide established procedures shall be completed prior to any grievance under this procedure. Allegations of discrimination are not subject to this grievance procedure but will be handled by a University-wide procedure described in the Staff Handbook.

                                                                                                                                                                                                  9.4  Grievance Mediation Committee (GMC)

                                                                                                                                                                                                    A.  Membership
                                                                                                                                                                                                      A Grievance Mediation Committee shall be established, consisting of three members chosen in the following manner:
                                                                                                                                                                                                       
                                                                                                                                                                                                        1.  One tenured faculty member will be chosen by the President from among three candidates nominated by the Faculty through election.
                                                                                                                                                                                                        2.  One member of the Administration will be elected by the Faculty from two or three persons nominated by the President.

                                                                                                                                                                                                        3.  The third member will be chosen by the other two from among the tenured Faculty, and will serve as chair.

                                                                                                                                                                                                  Neither of the faculty members shall serve concurrently on the Faculty Personnel Committee or the Faculty Institutional Relations Committee, and the CLA academic deans shall not represent the Administration. Committee members will serve simultaneous three-year terms. Replacements to complete the term of early vacancies will be chosen in the manner pertaining to the original appointment.
                                                                                                                                                                                                      B.  Responsibility
                                                                                                                                                                                                        The primary function of the Committee is to mediate, wherever possible, grievances or disputes that may lead to grievances. The Committee as a whole will consider written grievances submitted to it and may attempt to settle the grievance by informal methods. In the course of doing this, the Mediation Committee may collect pertinent documents and conduct informal discussions with and/or between the concerned parties, at all times preserving the confidentiality of its proceedings.
                                                                                                                                                                                                      9.5  Grievance Mediation Procedures

                                                                                                                                                                                                        A.  Initiation of Grievance for Mediation
                                                                                                                                                                                                          A grievance is initiated when a written notice of a dispute is submitted, in person, to any member of the Mediation Committee. The written notice should include a general description of the nature of the grievance and provide the names of other people who are or may be parties to the dispute. The Committee member receiving the notice of the dispute will immediately notify the other members and send them a copy of the notice.

                                                                                                                                                                                                          Upon receipt of a grievance, the Mediation Committee will send, within three (3) working days, a copy of the grievance to all named respondents.

                                                                                                                                                                                                          B.  Timing

                                                                                                                                                                                                          Written notice must be received by the Chair of the Mediation Committee within twenty-one (21) calendar days after notice of the occurrence of the event(s) upon which the grievance is based or within twenty-one (21) calendar days after the grievant knew of, or through the exercise of reasonable diligence should have known of, the occurrence of the event(s) upon which the grievance is based. Grievances based on an event or events occurring during or within fourteen (14) calendar days before a winter or summer vacation must be filed within twenty-one (21) days after the first day of class of the next semester. Within the twenty-one day period, the faculty member may, and is encouraged to, pursue efforts toward an informal resolution (see, for example, Section 8.7 D).
                                                                                                                                                                                                      The time period for the receipt of written grievances may be extended an additional twenty-one (21) days by agreement between the Mediation Committee and the parties to the grievance if a written notice of intent to file a grievance is received by a member of the Committee within the twenty-one (21) calendar day period specified above.
                                                                                                                                                                                                          C.  Mediative Efforts
                                                                                                                                                                                                            The Mediation Committee will make a determined effort to assist the parties in reaching a mutually agreeable resolution of the dispute. The Committee may meet with the parties individually. However, as soon as possible, the Committee shall seek to bring all parties together to work towards resolution. Ordinarily, the period for mediation will be twenty-one (21) calendar days. The time may be extended for additional periods of twenty-one days by mutual agreement.

                                                                                                                                                                                                            D.  Special Proceedings in Special Cases

                                                                                                                                                                                                              1.  Emergency Suspension or Reassignment
                                                                                                                                                                                                                Pending the resolution of the grievance, and only under extraordinary circumstances where the possibility of serious mental or physical harm exists, the faculty member may be suspended or assigned to other duties in lieu of suspension. If emergency suspension or reassignment is deemed necessary by the University, the President or his/her designee shall notify the Mediation Committee. The faculty member so suspended or reassigned shall have immediate access to mediation procedures. Any such suspension will be with pay pending any relevant grievance procedure. Any such suspension may be without pay after the conclusion of any relevant grievance procedure. (See also Section 8.8.)

                                                                                                                                                                                                                2.  Governance Grievances

                                                                                                                                                                                                                Within fourteen (14) calendar days after receipt of the grievance, the Committee will present a recommended resolution of the grievance in writing to the parties to the grievance and to the President. This resolution can either be accepted by both parties or rejected by either party. Rejection or acceptance by each party will be communicated in writing to the Committee within seven (7) calendar days after receipt of the recommended resolution. The written rejection should include reasons and, if desired, a suggested alternative solution. Within seven (7) calendar days after receipt of either the acceptance or rejection, the Committee shall advise each party to the grievance of such response by the other party and, when alternative resolutions are suggested, of any change in the Committee's recommended resolution. Any change in the recommended resolution by the Committee can either be accepted by both parties or rejected by either party, as set forth above. Following advisement by the Committee of the acceptance or rejection by the other party, either the University or the grievant can proceed to Presidential Review (see below, 9.8).
                                                                                                                                                                                                              E.  Resolutions
                                                                                                                                                                                                                When a grievance is resolved by mediation, the resolution shall be put in writing by the Mediation Committee and given to the parties to the grievance. A statement that a resolution was reached shall be signed by the GMC and the parties to the grievance and placed within the Grievance File. If the parties to the grievance agree, a copy of the resolution itself shall also be placed in the File. (On access to the Grievance File, see Section 5.3, Files.)

                                                                                                                                                                                                                A mediated solution in one case will not necessarily be seen as a binding precedent in a subsequent similar grievance. No offer of settlement of a grievance by either party nor a suggested resolution by the Mediation Committee shall be admissible as evidence in any succeeding grievance proceedings or elsewhere.

                                                                                                                                                                                                                If no agreement is reached, the Mediation Committee shall put a statement to that effect in the Grievance File.

                                                                                                                                                                                                                F.  Termination of Mediation

                                                                                                                                                                                                                  1.  Notice of Termination
                                                                                                                                                                                                                    Any party may terminate mediation by notifying the Mediation Committee that he or she is withdrawing from mediation. The Committee may itself terminate the mediative effort if in the estimation of the Committee members further efforts are unlikely to produce agreement.

                                                                                                                                                                                                                    If mediation is terminated, the Committee shall immediately send the following written statement to all active participants in the mediation:

                                                                                                                                                                                                                    If you wish to pursue the grievance in a formal Hearing, you must send written notice to that effect to the Mediation Committee within three (3) days, and file with the Mediation Committee within ten (10) days your formal written grievance including specifically: (1) the issue(s) of the grievance, (2) the factual background of each issue, (3) the names of each party or potential party, (4) the names of any persons with relevant knowledge, and (5) the relief and/or remedy sought.

                                                                                                                                                                                                                    2.  Formation of the Ad Hoc Grievance Hearing Committee

                                                                                                                                                                                                                      Upon receipt of notice that the grievant desires a formal Hearing, the Mediation Committee will do the following:
                                                                                                                                                                                                                        a.  give written notice to the President and all parties to the grievance that a formal Grievance Hearing is to take place;
                                                                                                                                                                                                                          b.  supervise the formation of an ad hoc Grievance Hearing Committee;

                                                                                                                                                                                                                          c.  set a date, time and place for the Grievance Hearing that is agreeable to all parties concerned. The arrangements should be completed within twenty-one (21) calendar days after receipt of the initial written grievance by the Mediation Committee.
                                                                                                                                                                                                                           

                                                                                                                                                                                                                    9.6  Resumption of Mediation
                                                                                                                                                                                                                      In keeping with the stated intent of this Section, a grievance may be returned to the Mediation Committee at any time during the subsequent Hearing or appeals if all parties agree that a mutually satisfactory resolution of the grievance will be accomplished by doing so.

                                                                                                                                                                                                                      9.7  Formal Grievance Hearing (Individual Grievances Only)

                                                                                                                                                                                                                        A.  Initiation of Hearing Procedures
                                                                                                                                                                                                                          The Hearing procedures are initiated when a formal written grievance is filed with the Grievance Mediation Committee. The formal written grievance shall state: (1) the issue(s) of the grievance, (2) the factual background of each issue, (3) the names of each party or potential party, (4) the names of any persons with relevant knowledge, and (5) the relief and/or remedy sought. It may also contain any other data the grievant deems pertinent.

                                                                                                                                                                                                                          B.  Selection of the Ad Hoc Grievance Hearing Committee

                                                                                                                                                                                                                          GMC will supervise the formation of the ad hoc Grievance Hearing Committee in the following way:
                                                                                                                                                                                                                            A.  The Grievant will select one ranked faculty member.

                                                                                                                                                                                                                            B.  The President or his/her designee will select one ranked faculty member other than the grievant's Department Chair.

                                                                                                                                                                                                                            C.  The two ad hoc committee members thus chosen will choose a third ranked faculty member other than the grievant's Department Chair.

                                                                                                                                                                                                                          C.  Timing in Grievance-Hearing Proceedings
                                                                                                                                                                                                                            The Grievance Hearing will begin no more than fourteen (14) calendar days after completion of the arrangements, thus allowing all parties adequate time to prepare evidence and obtain documentary and other information.
                                                                                                                                                                                                                            D.  Bases and Criteria for Formal Grievance Hearings
                                                                                                                                                                                                                              Except insofar as one or more of items 1-5 below are alleged to apply, the validity of a change in the educational program cannot be the grounds for grievance if such change was approved by the Academic Policies Committee and the Planning and Development Committee (see Section 8.6 A), nor can the existence of a financial exigency be the grounds for grievance if the financial exigency was agreed to by the Faculty Institutional Relations Committee and the Planning and Development Committee (see Section 8.6 B). Neither will the ad hoc Hearing Committee substitute its judgment on the merits for that of the appropriate CLA committees in cases involving denial of tenure or promotion, non-reappointment, or salary determinations, or for that of a university-wide committee in cases alleged sexual/diversity-based harassment.

                                                                                                                                                                                                                              Any unresolved individual grievance conforming to the definition provided in Section 9.3 B can be the basis for a formal Grievance Hearing. The criteria for reviewing a grievance will be that the action grieved:
                                                                                                                                                                                                                               

                                                                                                                                                                                                                                1.  was in violation of the faculty member's academic freedom;

                                                                                                                                                                                                                                2.  was in violation of a University-wide established policy concerning alleged discrimination;

                                                                                                                                                                                                                                3.  failed to consider the tenure rights of a tenured faculty member;

                                                                                                                                                                                                                                4.  was in violation of procedures and rights as set forth in this Handbook; or

                                                                                                                                                                                                                                5.  was arbitrary and capricious.
                                                                                                                                                                                                                                 

                                                                                                                                                                                                                              E.  Due Process in Grievance-Hearing Proceedings

                                                                                                                                                                                                                                1.  Confidentiality
                                                                                                                                                                                                                                  The Hearing will be conducted in private, and the parties shall, except by mutual agreement, make no public statements about the case during the course of the Hearing.

                                                                                                                                                                                                                                  During the proceedings, the grievant will be permitted to have an advisor of his/her own choice from within the University community. The grievant may also be accompanied by legal counsel. However, legal counsel will not ordinarily participate directly in the Hearing proceedings.

                                                                                                                                                                                                                                  2.  Right to Witnesses and Evidence

                                                                                                                                                                                                                                    All parties to the grievance will have the right to obtain witnesses and present evidence.

                                                                                                                                                                                                                                    In cases of termination for prolonged mental or physical illness, if either the University or the Grievance Hearing Committee believes that an independent medical and/or psychological opinion would be helpful in its deliberations, it may request the faculty member to undergo a medical and/or psychological examination by an appropriate professional (as determined by the Hearing Committee) at the requesting party's expense. If the grievant refuses, the Hearing Committee may dismiss the grievance.

                                                                                                                                                                                                                                    The University will cooperate with the Hearing Committee in securing witnesses and making available documentary and other evidence requested by the grievant to the extent not limited by contract or law.

                                                                                                                                                                                                                                    3.  Right to Cross-Examination

                                                                                                                                                                                                                                    All parties will have the right to cross-examine witnesses. Where a witness has made a statement and cannot or will not appear but the Hearing Committee determines that the interests of justice require admission of his/her statement, the Hearing Committee will identify the witness, disclose his/her statement, and if possible, provide for interrogatories. The Hearing Committee will grant appropriate continuances to enable either party to investigate evidence, or for any other appropriate reason.

                                                                                                                                                                                                                                    4.  Burden of Proof
                                                                                                                                                                                                                                      In cases of lay-off due to discontinuance of an academic major or program or to financial exigency (Section 8.6), in which the proposed action of the University has been reviewed and approved by the appropriate CLA standing committees, the burden of proof shall be on the grievant.

                                                                                                                                                                                                                                      In cases of termination for prolonged mental or physical illness (Section 8.5) in which the grievant does not provide proof of a serious medical condition or disability to the University and refuses to submit to an examination by professionals of the University's choosings then the burden of proof is on the greivant.

                                                                                                                                                                                                                                      In all other cases the burden of proof that adequate cause exists for the action shall be on the University, which proof shall be by clear and convincing evidence.

                                                                                                                                                                                                                                      5.  Rules of Evidence

                                                                                                                                                                                                                                      The ad hoc Grievance Hearing committee will not be bound by strict rules of legal evidence. A demonstrable effort will be made to obtain the most reliable evidence. The decision will take the form of findings of fact, conclusions, and recommended disposition of the grievance. The findings of fact, conclusions, and the recommended disposition must be based solely upon the Hearing record, procedures as set forth in this Handbook, and applicable law.

                                                                                                                                                                                                                                      6.  Recording of Proceedings, Disposition of Resolution

                                                                                                                                                                                                                                      The Hearing proceedings shall be recorded by the University and made available to the Hearing Committee, and a transcript shall be provided at the expense of the party(ies) requesting it. A written disposition of the case will be placed within the Grievance File.
                                                                                                                                                                                                                                    F.  Decision
                                                                                                                                                                                                                                    The Hearing Committee will present its advisory decision in writing within seven (7) calendar days of the Hearing to both parties and to the President, or, when the President is party to the grievance, to the Board of Trustees. This decision, insofar as it consists of a recommended disposition of the grievance, may be either accepted by both parties or rejected by either party. Rejection or acceptance by each party will be communicated in writing to all persons involved within five (5) calendar days after receipt of the decision. If not resolved, the grievance may proceed to the next step in the process, Presidential Review.
                                                                                                                                                                                                                                  9.8  Presidential Review
                                                                                                                                                                                                                                    The grievant(s) may, within ten (10) working days of receipt of the advisory of GMC in governance grievances or of the advisory of the ad hoc Hearing Committee in other grievances, file a written appeal to the President who shall review the record and respond within ten (10) working days as to the final disposition of the grievance within the institution.

                                                                                                                                                                                                                                    If the President is a direct party to the grievance, the grievant(s) may file a further appeal within ten (10) working days of the receipt of the President's decision. Such an appeal is filed with the Chair of the Board of Trustees (see below).

                                                                                                                                                                                                                                    9.9  Limited Board of Trustees Appeal

                                                                                                                                                                                                                                      After receiving an appeal, the Executive Committee of the Board of Trustees will review the record of the case at its next meeting and will render a final decision on the grievance within ten (10) working days of that meeting to all parties. In case of any discussion over direct Presidential involvement, the Executive Committee of the Board of Trustees shall be the sole judge of such involvement.
                                                                                                                                                                                                                                      9.10  Parallel University-Wide Grievances
                                                                                                                                                                                                                                        In the case of established University-wide grievance policies and procedures, a CLA ad hoc Grievance Hearing Committee shall not substitute its judgment for the previous finding of a University-wide committee.

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                                                                                                                                                                                                                                      Section 10:  Leaves of Absence

                                                                                                                                                                                                                                        10.1  With Pay

                                                                                                                                                                                                                                          A.  Sabbaticals
                                                                                                                                                                                                                                            The most important faculty development program is the sabbatical leave program. Sabbatical leaves provide the opportunity for faculty to suspend normal teaching and service responsibilities for the purpose of intensive study and renewal. Therefore, when granted, sabbatical leaves are serious work and become part of a faculty member's job responsibilities. Full sabbaticals may be taken for an entire year at half pay or for one semester at full pay. Sabbatical leaves are not an entitlement. They are granted by the Dean upon the recommendation of the Planning and Development Committee, and based on the merits of the proposal.

                                                                                                                                                                                                                                            A faculty member is eligible for a regular sabbatical after every six years of full-time work (either teaching or administration). However, certain circumstances may in the judgment of the Dean, usually at the request of the Department Chair, require an administrative delay of the sabbatical, or the faculty member may request the Dean and Department Chair for a one-year delay. In either case the faculty member will be eligible for his/her next sabbatical after only five years of full-time work. If a faculty member's proposal for sabbatical is not approved, she/he is eligible to reapply in the following year and if approved will be eligible for her/his next sabbatical after only five years of full-time work. If a faculty member does not take a sabbatical when eligible, he/she remains eligible to reapply each subsequent year. Any faculty member receiving a sabbatical leave is required to return to the College for at least one year's service after the expiration of the leave.

                                                                                                                                                                                                                                            Divisional Coordinators will be available to assist in the preparation of sabbatical requests, but sabbatical proposals must be approved by the Department Chair before their submission to PDC. Faculty members and Chairs will normally be notified no later than April 15 concerning the status of sabbatical requests.

                                                                                                                                                                                                                                            B.  Two-Course Release
                                                                                                                                                                                                                                              Faculty hired on a typical six-year to tenure review sequence are eligible to apply (in their third year) for a two-course release from teaching duties to occur during the fourth year of employment.
                                                                                                                                                                                                                                              C.  Short-Term Disability Leave
                                                                                                                                                                                                                                                The policy coordinates with the benefits of Group Total Disability Insurance. The eligible group is all full-time and pro-rata faculty members.

                                                                                                                                                                                                                                                Short-term disability shall mean any condition, whether physical or mental, which disables a faculty member from performing the duties assigned his/her position by the University or which imposes a risk of infection to others. Short-Term Disability Leave is authorized by the Dean upon receipt of acceptable medical verification that a faculty member is unable to perform those duties. For a faculty member to resume working, the faculty member must provide the Dean with acceptable medical verification that the faculty member is able to resume working.

                                                                                                                                                                                                                                            In the event of a disability, the University will continue salary payments for as many months as the number of years the member has been employed at Hamline, up to a maximum of three months. The monthly salary for full-time faculty members is computed as 1/12 of their salary as stated in their current contract. The monthly salary for pro-rata faculty members is computed as their monthly fraction based upon their salary as stated in their current contract. The period of disability shall not be deemed to include periods when the faculty member is not required to be on campus. If a faculty member uses this Short-Term Disability Leave, then upon resumption of work the faculty member will begin to accrue salary payments of one month for every year the faculty member works, up to a maximum of three months.

                                                                                                                                                                                                                                            Faculty shall not be paid or otherwise credited for unused short-term disability leave. (For issues related to years of service and tenure, see Sections 7.3 A and B)

                                                                                                                                                                                                                                            D.  Parental Leave

                                                                                                                                                                                                                                            In the event of the birth or the adoption of a child, a faculty member will be granted a paid leave of absence for a maximum of six weeks. After that period, the Federal Family and Medical Leave Act would cover an additional six weeks unpaid leave.

                                                                                                                                                                                                                                            The paid leave must begin not more than six months after the birth or adoption, except that in the case where the child must remain in the hospital longer than the mother, the paid leave must begin not more than six months after the child leaves the hospital. Alternatively, the faculty member shall be entitled to make other arrangements with the Dean's office which would provide the faculty member with an equivalent reduction in work load. (For issues related to years of service and tenure, see Sections 7.3 A and B.)

                                                                                                                                                                                                                                              10.2  Leaves Without Pay
                                                                                                                                                                                                                                                A.  Special Leaves for Academic and Professional Enrichment
                                                                                                                                                                                                                                                  A special leave of absence may be granted by the Dean in consultation with the Department Chair to full-time and pro-rata faculty for a term or a year, without compensation, to undertake such activities as would enrich their academic or professional careers. If such a leave is granted, the faculty member retains his or her rank and position unless it is otherwise provided in the terms of the leave-of-absence letter. The faculty member shall retain the medical, disability, and life insurance benefits at no cost unless coverage is provided in his/her leave employment. Extension of the leave beyond one academic year will be granted at the approval of the Dean. (For issues related to years of service and tenure, see Sections 7.3 A and B.)
                                                                                                                                                                                                                                                  B.  Personal Leaves of Absence
                                                                                                                                                                                                                                                    A personal leave of absence may be granted by the Dean in consultation with the Department Chair to full-time and pro-rata faculty for a term or a year, without compensation, for personal reasons. If such a leave is granted, the faculty member retains his/her rank and position unless it is otherwise provided in the terms of the leave-of-absence letter. The Dean may elect to continue insurance coverage for that faculty member.  If not, the faculty member may retain the medical, disability, and life-insurance benefits at his/her own expense. (For issues related to years of service and tenure, see Sections 7.3 A and B.)
                                                                                                                                                                                                                                                    C.  Other Leaves
                                                                                                                                                                                                                                                      Faculty members may be eligible for other leaves as outlined in Hamline University's Employee Guidebook.

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                                                                                                                                                                                                                                                  Section 11:  Benefits

                                                                                                                                                                                                                                                  Faculty members may be eligible for benefits as outlined in Hamline University's Employee Guidebook. The Faculty recognizes that when changes occur in applicable law requiring alteration of specific benefits, the Board of Trustees can make such alteration without prior consultation with the Faculty. The Faculty will, however, be immediately informed of such alterations. In all other cases, benefits will not be changed without prior consultation with the CLA Faculty through its appropriate representatives.

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