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School of Law Faculty Handbook 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 hanbooks 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 1.1 Coverage 1.2 Contractual Nature of Policies 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 Mission of the School of Law 3.1 AAUP Guidelines 3.2 Research and Publications 3.3 Political Activities 3.4 Full-time Faculty and Outside Activities 4.1 Appointments by Dean 4.2 Appointments, Tenure, and Promotion Committee 4.3 Recommendation of Rank and Length of Contract 4.4 Administrative Positions and Academic Status 5.1 Initiation of Promotions 5.2 Timing of Promotions 5.3 Promotion Criteria 6.1 Tenure defined A. Causes for Discharge Demotion or Suspension B. Timing of Tenure Consideration 6.2 Guidelines for Part-Time Tenured Faculty 6.3 Standards for Tenure 6.4 Quality of Teaching 6.5 Scholarship 7. Procedure for Promotion and Tenure Decisions 7.1 Application for Promotion or Tenure 7.2 Appointments, Tenure, and Promotion Committee 7.3 Promotion or Tenure File and Report 7.4 Consideration of Report by Tenured Faculty 7.5 Procedures for Consideration of Report by Tenured Faculty 7.6 Procedures Following Recommendation of Tenured Faculty 7.7 Special Cases A. Joining the Faculty with Tenure B. Associate Dean and Law Librarian C. Visiting Professors 8. Procedure for Discharge, Demotion, or Suspension of Tenured Faculty Members 8.1 Discharge. Demotion. or Suspension for Cause Only 8.2 Informal Initial Procedures 8.3 Formal Procedures 8.4 Appeal of Faculty Decision 8.5 Special Procedures in Case of Bona Fide Financial Exigency 9. Non-renewal. Termination. Resignation. and Retirement 9.1 Non-renewal (Timing) 9.2 Causes 9.3 Academic Freedom 9.4 Resignation Notice 9.5 Retirement 9.6 Emeritus Rank 10.1 Objectives 10.2 Persons Subject to Peer Review 10.3 Faculty Teaching and Scholarship 10.4 The Peer Review Process 10.5 Filing of Reports 11. Guidelines for Non-tenure Track Clinical Teachers 11.1 Scope and Purpose 11.2 Objectives 11.3 Clinical Positions Defined A. Clinical Instructor B. Clinical Continuing Contract Track Professor 11.4 Appointments A. Clinical Instructor B. Clinician With Professorial Rank 11.5 Promotions 11.6 Continuing Contract Status 12. Sabbatical Leave for Full-time Faculty Members 12.1 Eligibility 12.2 Compensation 12.3 Application Procedure 12.4 Return from Sabbaticals Addendum - HUSL Faculty Productivity Evaluation Plan I. Introduction II. Defining Productivity A. Introduction III. Productivity Assessment Principles A. Balance Among Tenure and Promotion Standards B. Three Year Rolling Reviews C. Clarified Institutional Goals 1.1 Coverage. These faculty policies apply to all faculty members of the Hamline University School of Law (the "Law School"), including (a) faculty members with tenure and on tenure-track;(b)visiting faculty members; (c) clinical instructors and clinicians with professorial rank on the continuing contract track [Section 11 herein]; and (d) legal writing instructors. 1.2 Contractual Nature of Policies. The policies set forth herein are contractual, except for those sections pertaining to "Scope" (Section 1); "Mission Statement" (Section 2); "Peer Review" (Section 10); and HUSL Productivity Evaluation Plan (Addendum). Changes to the policies require the law faculty's approval and subsequent Board of Trustees authorization. Amendments and modifications to the policies may be proposed by either the administration or the faculty by providing notice of the proposed changes, a copy of the changes, and the rationale for the changes. 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:
Hamline University-the nation's leading New American University. Integration. Innovation. Transformation. 2.4 Characteristics of the New American University. o Students' learning and total experience are our central focus
o Theory connects to practice, and practice advances theory
2.5 Mission of the School of Law. The Law School is a private school with a public mission. Our educational programs develop the analytical abilities and skills essential for law students and lawyers to serve competently and ethically in a variety of professional roles. Our enterprise is rooted in the university tradition of teaching, scholarship and service, and is shaped by the conviction that law should serve society in local, national, and international settings. 3.1 AAUP Guidelines. The faculty enjoys full academic freedom. These rights generally include those embodied in the Statement of Principles on Academic Freedom and Tenure approved by the American Association of University Professors and the Association of American Colleges and Universities. 3.2 Research and Publications. Each faculty member is entitled to full freedom in research and in the publication of the results, subject to the performance of the faculty member's 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 the legal profession and the Law School by his or her utterances. Hence, all faculty members should make every effort to be accurate and to show respect for the opinions of others. 3.3 Political Activities. 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. It is recognized that many kinds of political activity are not only consistent with a law professor's academic obligations but, also, that such activities enrich his or her experience in a way that can be directly utilized in his or her capacity as an educator. Consequently, such activities as are consistent with effective service as a member of the faculty are encouraged. In recognition of the legitimacy and social importance of political activity by faculty members, the Law School should provide institutional arrangements to permit it, similar to those applicable to other public 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. 3.4 Full-time Faculty and Outside Activities. Faculty members are encouraged to engage in public and professional service outside the law school, with recognition that such service must be appropriately balanced with each faculty member's teaching and legal scholarship responsibilities during the academic year. A "part-time" 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 are properly limited, the relevant factors include: A. The extent to which the field of outside activity coincides with the faculty member's major fields of interest as a scholar and teacher. B. 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. C. The degree to which the demands of the outside activity interfere with the faculty member's regular presence in the Law School and with his or her availability for consultation and interchange with students and colleagues. 4.1 Appointments by Dean. All faculty appointments are made by the Dean of the Law School, subject to prior approval by the President of the University following approval by the faculty under Section 4.2 below. A letter from the Dean will specify title or rank, salary, length of appointment, and any conditions or other considerations 4.2 Appointments, Tenure, and Promotion Committee. The Appointments, Tenure, and Promotion Committee considers all faculty candidates and makes recommendations to the faculty. The initial decision whether to offer an appointment to a candidate shall be made by two-thirds vote of the faculty present, except that a recommendation to offer a visiting faculty position may be made by the Committee after reporting its proposal by distribution of all relevant information to the faculty, unless at least one-third of the faculty objects to such appointment within 72 hours of such notice. The Faculty's or Committee's recommendations are then submitted to the Dean. The Dean may reject a recommendation only in a rare instance and for compelling reasons, after written communication to the Faculty. 4.3 Recommendation of Rank and Length of Contract. A faculty recommendation to hire shall include guidelines as to academic rank and length of initial contract. The Dean may vary from the recommendations, if necessary, during negotiations with the recommended candidate. 4.4 Administrative Positions and Academic Status. Administrative functions and titles are distinct and severable from academic status. The removal of any person from his or her administrative position does not impair whatever right such person may have to academic rank or tenure. 5.1 Initiation of Promotions. Promotion considerations may be initiated by either the Dean or the Appointments, Tenure, and Promotion Committee or by the faculty member eligible for promotion (see 5.2 and 7.1 below). The procedure for promotion considerations is set forth at Section 7 below. 5.2 Timing of Promotions. Promotion is based upon merit, not mere passage of time. Promotion from Assistant to Associate Professor will normally be considered during the first three (3) years. Absent exceptional circumstances, the promotion from Associate Professor to Professor requires at least two years in the rank of Associate Professor. 5.3 Promotion Criteria. The criteria for Tenure and Procedures for Promotion and Tenure (Sections 6 & 7) apply to promotions. For a promotion from Assistant Professor, the principal consideration will be whether the faculty member is making substantial progress under the tenure criteria. In addition to meeting the tenure criteria, promotion from Associate Professor to Professor requires the production of scholarly writing that significantly contributes to the development or understanding of the law or a related field. 6.1 Tenure defined. Tenure may be defined as a status granted to a faculty member which recognizes the superior professional accomplishment of that individual. After a faculty member has obtained tenure, such faculty member shall continue in service and hold his or her position and shall not be discharged, demoted, or suspended except for cause after a hearing. A. Causes for Discharge, Demotion, or Suspension. Causes for the discharge, demotion, or suspension of a tenured faculty member shall be: (1) academic misconduct or other misconduct directly and substantially related to the fitness of the faculty member in his or her professional capacity as a teacher or researcher; or demonstrated lack of academic competence; or (2) demonstrably bona fide financial exigency, i.e., an imminent financial crisis which threatens the survival of the Law School and which cannot be alleviated by less drastic means. Discharge, demotion, or suspension will not be used to restrain faculty members in their exercise of academic freedom, as defined in Section 3 above, or other rights as American citizens. B. Timing of Tenure Consideration. Tenure is limited to full-time members of the Faculty holding the academic rank of Associate Professor or Professor except as is set forth in Section 6.2 below. Promotion to Associate Professor and grant of tenure may occur concurrently. A faculty member will be considered for tenure during his or her fifth year of service (beginning with the appointment as a full-time Assistant Professor or higher rank). Service in other law schools may be included in that total after one or more years' service at Hamline University School of Law as determined in negotiations with the prospective faculty member prior to hiring. Tenure may be granted, denied, or the decision deferred. Deferral shall not occur except when the Committee believes, after full consideration of the faculty member's application for tenure, that it would be unfair to the faculty member to decide on tenure at such time. The faculty member must approve such deferral. However, a faculty member shall serve no more than six years, beginning with appointment as a full-time Assistant Professor or higher rank, without grant of tenure except for service during the terminal year provided for in Section 9.1. 6.2 Guidelines for Part-Time Tenured Faculty. A. In recognition of the legitimacy and social importance of child-rearing responsibilities, the law school should make arrangements wherever possible to permit faculty the opportunity to attend to these responsibilities while on the faculty at Hamline. Such arrangements may include the reduction of the faculty member's work load accompanied by equitable adjustment of compensation when necessary. B. If the workload of a non-tenured faculty member is adjusted, it may also necessary to extend the time limits for tenure and promotion considerations in Sections 5.2 and 6.1B. After consultation and advice from the Appointments, Tenure, and Promotion Committee , the Dean shall make a written agreement with the faculty member setting forth the Dean's expectations about teaching, service to the public and school, scholarship, and level of compensation which are relevant to the dean's duty of supervision. The Appointment, Tenure, and Promotion Committee shall similarly set forth in writing its requirements for tenure of the reduced-load faculty member which shall over the period of years during which the faculty member is working toward tenure substantially equal the requirements placed on a full-time member. Those requirements shall include a requirement that the faculty member has met the conditions for tenure no later than the end of the tenth year during which he or she has been employed as a tenure-track faculty member (excluding any full-time leaves which he or she may have been granted), unless the tenured faculty by a two-thirds vote shall waive this time limit. 6.3 Standards for Tenure. A law school serves a variety of needs in society, and, therefore, must have faculty members skilled and interested in a variety of professional activities. The optimal Faculty reflects this "mix," and the criteria set forth below are designed to encourage each faculty member's individual development. The granting of tenure is not automatic. Decisions will be based upon competence determined in the aggregate with emphasis upon the following criteria: A. effective classroom teaching; B. evidence of mastery of his or her subject area, keen analytical ability, and accessibility to students; C. willingness to undertake committee assignments and otherwise to render competent service to the Law School and University; D. promise of producing creative and scholarly publications in his or her field of expertise, including as a minimum requirement for tenure, the production of a writing that is the equivalent of a publishable law review article; E. personal attitudes and relationships with his or her colleagues on the Faculty of such an order of compatibility that there will be created no impediment to the effective discharge of his or her duties with them; F. professional activities of service to the bar or to the public. 6.4 Quality of Teaching. Different people are outstanding teachers for different reasons, and it is not possible to identify each of the essential components of teaching ability. The following factors will be considered as evidence of teaching ability: A. ability to communicate; B. preparation for class; C. breadth of knowledge relevant to the field; D. thoughtful organization of individual class sessions and overall course content; E. ability to stimulate students; F. ability to direct a classroom session; and G. accessibility to students and demonstrated interest and involvement in their welfare. 6.5 Scholarship. For tenure evaluation, faculty members must show promise of producing creative and scholarly writing including, as a minimum requirement, the production of a writing that is the equivalent of a publishable law review article as stated at Section 6.3D above. A. Faculty members are encouraged to work actively and creatively as scholars, in the broad sense, in the law, outside the Law School as well as in it. Legal scholars can find many outlets to pursue their areas of scholarship and research. Interest may range from the highly abstract to eminently practical contributions including teaching materials. B. However diverse the forms in which scholarship is manifested, it should: (1) ultimately appear in writing; (2) be the result of thoughtful labor; and (3) be disseminated to, and warrant recognition by, a significant audience, having in mind the special characteristics and purpose of the work.
The final determination as to grant of tenure is made by the Board of Trustees acting upon the recommendation of the President. Where the Trustees find that compelling reasons exist for not following the recommendation of the tenured faculty, the basis for the decision of the Board of Trustees shall be communicated to the Dean of the Law School. Tenure decisions are based solely on conditions within the Law School. Percentages are not utilized to determine the number of tenured faculty within the Law School or who may be tenured annually. Subject to approval by the President, the final determination as to promotion is made by the Dean of the Law School acting upon the recommendation of the tenured faculty. 7.1 Application for Promotion or Tenure. The faculty members who are eligible for tenure or promotion and wish to be considered shall submit a current resume to the Appointments, Tenure, and Promotion Committee . The resume shall outline all matters which the faculty member believes pertinent to the consideration of his or her case, including but not limited to: A. educational background, including degrees, institutions attended, and honors awarded; B. bar membership; C. law practice experience; D. law teaching experience; E. service furnished to the Law School and to Hamline University; F. service furnished to the profession, e.g., bar association committees, judicial conference or administrative conference committees; G. service furnished to the community at large; H. writings published; I. speeches delivered; J. significant briefs and legislative testimony or consultation; K. unpublished materials; L. works in progress; and M. other matters that the candidate believes relevant for consideration. 7.2 Appointments, Tenure, and Promotion Committee Appointments, Tenure, and Promotion Committee. The Tenured Faculty shall elect, during the last month of the Spring Semester, an Appointment, Tenure, and Promotion Committee to serve for one year. The Committee shall consist of six or more tenured Faculty members, at least three of whom shall hold the rank of Professor. The Committee shall elect a subcommittee of its members holding the rank of Professor to make recommendations concerning promotion to that rank. A. The Committee will consider eligible faculty members (a) who have requested Committee action by submitting a current resume in accordance with Section 7.1, or (b) whom the Committee requests to submit such current resume. B. With respect to each faculty member under active consideration, the Committee shall arrange professorial visitations to the candidate's classes. Each visitor, after informal consultation with the candidate, shall submit a written report to the Committee with a copy to the candidate. 7.3 Promotion or Tenure File and Report. The Committee will prepare an individual candidate file and will report to the Dean, for the tenured Faculty, its recommendation in accordance with the criteria set forth in Sections 6.3, 6.4 and 6.5. The report shall be in writing and shall reflect all the evidence the Committee considers relevant to the decision as to promotion and tenure. The Committee shall act by open ballot at its meetings after full discussion of the matter. The report of the Committee shall not identify how individual members voted. The complete Committee file will be open for inspection by the faculty member and those called upon to make recommendations or decisions with regard to his or her promotion or tenure; however, the file and report will otherwise be kept confidential. The Dean will furnish the faculty member a copy of the report. The Committee's report will specify the reasons and factual basis for its recommendation. The faculty member will be allowed fifteen days in which to supplement his or her file with whatever materials the faculty member deems appropriate. 7.4 Consideration of Report by Tenured Faculty. Within 30 days from submission of the Committee Report to the Dean, the tenured Faculty will meet to consider the recommendation of the Committee. The meeting of the tenured Faculty to consider any recommendation concerning promotion or tenure shall be a closed meeting and shall be confidential. Members of the tenured Faculty who are on leave or sabbatical may elect not to participate in the meeting. The Dean shall make the complete Committee file, including supplementary material, available to the tenured Faculty no less than ten days prior to the meeting. The faculty member has the right to appear in person or by representative to make a statement, present arguments and answer any questions posed by members of the tenured Faculty. This does not include the right to be present in person or by representative for the discussion limited to the tenured Faculty or for the vote. In addition, or in lieu of appearing, the faculty member may submit any written statement or supporting material that he or she wishes distributed to the tenured Faculty and included in his or her file. 7.5 Procedures for Consideration of Report by Tenured Faculty. The quorum for the meeting is the presence in person of 5/6 of the tenured Faculty entitled to vote on the matter under consideration. For purposes of promotion to the academic rank of "Professor," the "tenured Faculty" shall consist solely of those persons who currently hold the rank of Professor. The vote of tenured Faculty shall be by secret ballot and require a majority vote of those present to reach a recommendation. The Dean shall meet and consult with but have no vote in this action of the tenured Faculty. Each member of the tenured Faculty shall maintain fully the confidence of the tenured Faculty meeting. No communications concerning the meeting, the vote, or the discussion shall be made by any member of the tenured Faculty to the faculty member considered or to any other person. The Committee shall notify the Dean of the decision of the tenured Faculty and, if required by Section 7.3, prepare a report on the action of the tenured Faculty which, after approval by the tenured Faculty, shall be transmitted to the Dean. 7.6 Procedures Following Recommendation of Tenured Faculty. The faculty member will be notified in writing by the Dean of the recommendation of the tenured Faculty. If the tenured Faculty's recommendation is contrary to that of the Committee, the notification shall set forth in detail the reasons and factual basis for the tenured Faculty's recommendation. The faculty member will be allowed fifteen (15) days in which to supplement his or her file with whatever materials the faculty member deems appropriate. The Dean shall take action on any promotion or tenure matter no later than 30 days after receipt of the notification or report, if any, of the action of the tenured Faculty. A. The tenured Faculty's recommendation as to the promotion is strongly presumed to be correct. However, the Dean may reverse a recommendation of the tenured Faculty based solely upon the criteria set forth in Sections 6.3, 6.4 and 6.5. There is no limit concerning the percentage of Faculty holding any level of academic rank nor upon the number of promotions made annually. If the Dean reverses a recommendation, he shall promptly notify the tenured Faculty and the faculty member. Notification shall be in writing, setting forth in detail the reasons and factual basis for the decision. B. The Dean shall transmit to the President any tenure recommendation by the tenured Faculty. If the Dean makes a recommendation to the President contrary to that of the tenured Faculty, the Dean shall promptly notify the tenured Faculty and the faculty member. Notification shall be in writing, setting forth in detail the reason and factual basis for the decision. 7.7 Special Cases. A. Joining the Faculty with Tenure. (1) A candidate with appropriate qualifications may in rare cases be granted tenure at the time the person joins the Faculty. (2) The Appointments, Tenure, and Promotion Committee shall submit a report to the Dean with respect to initial appointment with tenure, containing as much of the type of material available as it would present in the normal case. Prior to making an offer of appointment, the Dean will present the matter to the tenured Faculty and receive an affirmative vote on the tenure question. B. Associate Dean and Law Librarian. As full-time members of the Faculty holding academic rank, both the Associate Dean and the Law Librarian are on the Law School's tenure track as set forth in Section 6. They should not be treated separately from other members of the Faculty with respect to eligibility for tenure consideration. Appropriate adjustments in the emphasis placed upon the various selection criteria listed in Section 6.3, 6.4 and 6.5 will, however, need to be made whenever persons holding these positions are considered, provided, however, that the last sentence of Section 6.1B shall be inapplicable to such administrative positions. Rather, there shall be no time by which the Law Librarian must be considered for tenure, and the period by which a faculty member serving as Associate Dean prior to tenure evaluation must be considered shall be the sum of the period specified in Section 6.1B and the number of years service as Associate Dean. The adjustments in the tenure evaluation of a Librarian shall be to expectations regarding the forms of the Librarian's service, teaching and scholarship, and to expectations regarding the balance of time the Librarian spends on work in these three areas, but not to the basic criteria or standards of evaluation. With respect to the balance among the three areas, the Librarian normally will have devoted a larger percentage of time to service, especially to administration tasks, and a smaller percentage of time on teaching and scholarship than would a full-time teacher. With respect to teaching, the Librarian often will have taught different types of subjects from most tenure track teachers. For example, the Librarians traditionally have taught legal research rather than substantive law courses. This should not, under this policy, prevent the Librarian 's tenure. Finally, the forms of the Librarian's scholarship may be directly related to his or her position as Librarian, in the field of library science, rather than in the traditional forms of legal scholarship. The Librarian 's scholarship may include articles on library science or sophisticated legal bibliographies that provide "evidence of mastery of his or her subject area [and] keen analytical ability.... The adjustments in the tenure evaluation of an Associate Dean shall reflect the temporary dislocation this position is likely to have caused to the normal progression of a faculty member towards tenure by, for example, decreasing teaching opportunities and increasing committee and other administrative assignments. C. Visiting Professors. (1) Visiting Professors may be offered a regular appointment with tenure to take effect immediately upon the conclusion of their visit. The standards and criteria for tenure and promotion are the same as set forth above. (2) The procedure applicable to such cases shall be the same as are applicable to the usual case, except for the period of eligibility. 8. Procedure for Discharge, Demotion, or Suspension of Tenured Faculty Members 8.1 Discharge, Demotion, or Suspension for Cause. No tenured faculty member shall be discharged, demoted, or suspended except for the causes stated in Section 6.1A. The Procedure for Discharge, Demotion, or Suspension of Tenured Faculty Members is as follows. 8.2. Informal Initial Procedures. Discharge, demotion, or suspension of a faculty member with tenure will be preceded by: A. discussions between the faculty member and the Dean in an attempt to reach a mutual settlement; B. informal inquiry by the Appointments, Tenure, and Promotion Committee which may, failing to effect an adjustment, determine whether in its opinion proceedings should be undertaken, without its opinion being binding upon the Dean; and C. a written statement of charges framed with reasonable particularity by the Dean. 8.3 Formal Procedures. A discharge, demotion, or suspension, as defined in Section 6.lA(1), will be preceded by a statement of charges, and the individual concerned will have the right to be heard by the tenured Faculty within a reasonable time of action by the Appointments, Tenure, and Promotion Committee pursuant to Section 8.2B (not to exceed thirty days). The initial quorum at such hearing shall be two thirds of the full tenured Faculty. Members deeming themselves disqualified for bias or interest shall remove themselves from the case, either at the request of a party or on their own initiative. The Dean shall not participate in either the deliberation or voting by tenured Faculty. Each party will have one challenge without stated causes provided that the Hearing Committee shall consist of at least three members. The faculty remaining following disqualifications and challenges shall constitute the Hearing Committee of the faculty to decide upon the written charges submitted following the procedure set forth below: A. Pending a final decision by the Hearing Committee, the faculty member may be suspended, or assigned to other duties in lieu of suspension, only if immediate harm to himself, herself, or others is threatened by his or her continuance. Before suspending a faculty member, pending an ultimate determination of his or her status through the Institution's hearing procedures, the Dean will consult with the Appointments, Tenure, and Promotion Committee concerning the propriety, the length, and the other conditions of the suspension. A suspension which is intended to be final is a discharge and will be treated as such. Salary will continue during the period of the suspension. B. The Chairperson of the Hearing Committee may, with the consent of the parties concerned, hold joint prehearing meetings with the parties in order to: (i) simplify the issues; (ii) effect stipulations of facts; (iii) provide for the exchange of documentary or other information; and, (iv) achieve such other appropriate prehearing objectives as will make the hearing fair, effective, and expeditious. C. Service of notice of hearing with specific charges in writing will be made at least twenty days prior to the hearing. Service may be personal or by registered mail addressed to the individual at his or her last known post office address. The faculty member may waive a hearing or may respond to the charges in writing at any time before the hearing. If the faculty member waives a hearing, but denies the charges against him or her or asserts that the charges do not support a finding of adequate cause, the Hearing Committee will evaluate all available evidence and rest its recommendation upon the evidence in the record. D. The hearing shall be a full due process administrative hearing. E. The hearing shall be private unless the tenured faculty member requests an open hearing. F. During the proceedings, the faculty member will be permitted to have academic or other advisors and counsel of his or her own choice. G. A verbatim record of the hearing or hearings will be taken, and a typewritten copy will be made available to the faculty member without cost at the faculty member's request. H. The burden of proof that adequate cause exists rests with the Institution and shall be satisfied only by clear and convincing evidence in the record considered as a whole. The affirmative vote of two-thirds of the Hearing Committee shall be required to sustain discharge, demotion, or suspension. I. The Hearing Committee will grant adjournments to enable either party to investigate evidence as to which a valid claim of surprise is made. J. The faculty member will be afforded an opportunity to obtain necessary witnesses and documentary or other evidence. The Administration will cooperate with the Hearing Committee in securing witnesses and making available documentary and other evidence. K. The faculty member shall have the right to confront and cross-examine witnesses; provided that where the witnesses cannot or will not appear, but the Committee determines that the interests of justice require admission of their statements, the Committee will identify the witnesses, disclose their statements, and, if possible, provide for interrogatories. L. In the hearing of charges of incompetence, the evidence shall include testimony of qualified faculty members from this or other law schools. M. The findings of fact and the decision will be based solely on the hearing record and shall state in detail the specific grounds upon which any decision is based establishing a rational basis in fact therefor N. Except for such simple announcement as may be required, covering the time of the hearing and similar matters, public statements and publicity about the case by either the faculty member, administrative officers, or other members of the Faculty will be avoided so far as possible until the proceedings have been completed, including consideration by the President. The Dean and the faculty member will be notified of the decision in writing and will be given a copy of the record of the hearing. O. If the Hearing Committee fails to conclude that adequate cause for action has been established by the evidence in the record [Section 8.3H], its decision shall be final and conclusive. The Hearing Committee may conclude that academic penalty less than that proposed by the Dean would be more appropriate. 8.4 Appeal of Faculty Decision. If discharge, demotion, or suspension is decided by the Hearing Committee, the Dean will, on request of the faculty member, transmit to the President the record of the case. The President's review will be based on the record of the Committee hearing, and it will provide opportunity for argument, oral or written, or both, by the principals at the hearing(s) or by their representatives. The decision of the Hearing Committee will either be sustained, or the proceeding returned to the Hearing Committee with specific objections. The Hearing Committee will then reconsider, taking into account the stated objections and receiving new evidence, if necessary. The President will make a final decision only after study of the Hearing Committee's reconsideration. If a decision adverse to a faculty member is reversed. the individual shall be restored to all rights and responsibilities held prior to the charges, the individual shall be reimbursed for his or her costs and expenses of defense, including reasonable attorney's fees, and the record of the charge or charges shall be physically expunged from the records of the faculty member. 8.5 Procedures in Case of Bona Fide Financial Exigency. A. Termination of an appointment with tenure, or termination of a probationary or special appointment before the end of the specified team, may occur under extraordinary circumstances because of a demonstrably bona fide financial exigency, i.e., an imminent financial crisis which threatens the survival of the Law School and which cannot be alleviated by less drastic means. B. The Steering Committee shall participate in the decision that financial exigency exists or is imminent, and that all feasible alternatives to termination of appointments have been pursued. C. If the Dean issues notice to a particular faculty member of an intention to terminate the appointment because of financial exigency, the faculty member will have the right to a hearing before a Committee consisting of the six (6) senior tenured faculty members in a proceeding conducted in accordance with Section 8.3, except that Section 8.4. shall apply in lieu of Section 8.3, O. The issues in this hearing include: (1) The existence and extent of the financial exigency. The burden will rest on the Administration to prove the existence and extent of the financial exigency by clear and convincing evidence. The findings of a Faculty Committee in a previous proceeding involving the same issue may be introduced. (2) The validity of the educational judgments and the criteria for identification for termination; but the recommendations of a faculty body on these matters will be considered presumptively valid. (3) Whether the criteria are being properly applied in the individual case. D. If the Hearing Committee concludes that adequate cause for termination pursuant to Section 8.5A. has not been established by the evidence in the record, it will so report to the President. If the President rejects the report, he will state his reasons for doing so, in writing, to the Hearing Committee and to the faculty member. The President will, on request of the faculty member, transmit to the Board of Trustees the record of the case after providing the faculty member an opportunity to respond to the President's action. The Board of Trustees will make the final decision specifying reasons therefore. E. If the Institution, because of financial exigency terminates appointments, it will not at the same time make new appointments. The appointment of a faculty member with tenure will not be terminated in favor of retaining faculty members without tenure. The appointments of tenured faculty members shall be terminated in reverse order of granting of tenure. The appointments of tenured faculty members who were granted tenure at the same time and the appointments of non-tenured faculty members shall be terminated in reverse order of hiring. F. Before terminating an appointment because of financial exigency, the institution, with faculty participation, will make every effort to place the faculty member concerned in another suitable position within the institution. G. In all cases of termination of appointment because of financial exigency, the faculty member concerned will be given notice or severance salary not less than as prescribed in Section 9.1. H. In all cases of termination of appointment because of financial exigency, the place of the faculty member concerned will not be filled by a replacement within a period of three (3) years, unless the released faculty member has been offered reinstatement and a reasonable time in which to accept or decline it. 9. Non-renewal, Termination, Resignation, and Retirement 9.1 Non-renewal (Timing). The appointment of a full-time faculty member on regular appointment without tenure will be continued unless the Dean decides not to renew such appointment. A decision not to renew will not be effective unless the Dean has, prior to announcing such decision, consulted with and explained the reasons for the proposed action to the Appointments, Tenure, and Promotion Committee. A faculty member, whose appointment is not renewed, must be provided with written notification specifying the reasons for this decision at the following times: A. Not later than November 1st of the second academic year of service, if the appointment expires at the end of that academic year. B. Not later than September 1st of the third or subsequent year of service with appointment to expire at the end of that academic year. In lieu of such notice, severance pay in the amount of one (1) year's salary and benefits at the individual's current rate may be provided. 9.2 Termination for Cause. In addition, the appointment of a full-time faculty member without tenure may be terminated for academic misconduct or other misconduct directly and substantially related to the fitness of the faculty member in his or her professional capacity as a teacher or researcher. The procedures set forth in Section 8 will be applied in such cases. 9.3 Academic Freedom. If a faculty member on non-tenured appointment alleges that a decision not to renew his or her appointment was based significantly on considerations violative of academic freedom, the allegation will be given preliminary consideration by the Appointments, Tenure, and Promotion Committee, which will seek to settle the matter by informal methods. The allegation shall be accompanied by a statement that the faculty member agrees to the presentation, for the consideration of the Committee, of such reasons and evidence as the institution may allege in support of its decision. If the difficulty is unresolved at this stage, and if the Committee so recommends, the matter will be heard in the manner set forth in Section 8, except that the faculty member making the complaint is responsible for stating the grounds upon which he or she bases his or her allegations, and the burden of proof shall rest upon him or her. If the faculty member succeeds in establishing a prima facie case by a fair preponderance of the evidence, it is incumbent upon those who made the decision not to renew his or her appointment to come forward with evidence in support of their decision. 9.4 Resignation Notice. Any faculty member planning to resign his or her position shall give reasonable notice of his or her intentions to the Dean. Resignations should be submitted in writing sufficiently early to give the Law School time to locate a suitable replacement. 9.5 Retirement. The normal retirement age of all full-time regular Faculty and Administrative officers at the Law School is sixty-five (65) years of age, but there is no mandatory retirement age. 9.6 Emeritus Rank. The granting of Emeritus rank is an honor given to faculty members who have made a substantial contribution to Hamline University School of Law and to their profession. An Emeritus Professor may, at the discretion of the Dean, be provided an office in the Law School. Upon retirement, a faculty member will be considered for an Emeritus Professor Appointment by the Appointments, Tenure, and Promotion Committee . The Committee will generally make written recommendations to the Dean of the Law School. The Dean shall so appoint, subject to approval by the President, in accordance with Section 4.1. 10.1 Objectives. Hamline Law School is most productive when its faculty is contributing to scholarship, educating skilled and thoughtful lawyers, and serving the University, legal, and local communities. It is not necessary, nor is it possible, that all faculty members make identical contributions to these endeavors. Nor is it desirable that any single faculty member be expected to make contributions that emphasize the same aspect of our law school mission year after year. Some faculty may choose to concentrate on teaching some years and on scholarship in other years. Accordingly, the peer review process is designed to measure individual contributions in a manner that takes into account individual strengths and choices. The peer review system attempts to develop an excellent school that emphasizes quality. The peer review system, and more specifically the Faculty Teaching and Scholarship Committee, are created to assist faculty members in reaching their full professional potential. By developing fully as a law school teacher there will be significant benefit to Hamline and its goal of becoming a high quality regional law school. 10.2 Persons Subject to Peer Review. All tenured faculty shall be subject to a formal peer review process beginning the fifth year subsequent to receipt of tenure and every five (5) years thereafter. A. If a faculty member is on sabbatical, a member of the Faculty Teaching and Scholarship Committee or otherwise absent from the school during all or part of the year in which review is to take place pursuant to this Section, review shall take place the next year he or she is present at the school, with subsequent review to take place every five (5) years thereafter. B. Faculty members who are tenured at the time of the adoption of this peer review system will be randomly divided into five (5) groups, the first to be subject to peer review the first (1st) year of the system's operation, the second (2nd) the following year, the third (3rd) the next following year, the fourth (4th) the following year, and the fifth (5th) the following year. Subsequent reviews will take place every five (5) years after the initial review, subject to this Section. 10.3 Faculty Teaching and Scholarship Committee. The Associate Dean for Faculty Teaching and Scholarship shall chair the Faculty Teaching and Scholarship Committee each year, consisting of the Associate Dean for Faculty Teaching and Scholarship, and two members of the tenured faculty selected by the faculty at the time the Appointments, Tenure, and Promotion Committee are selected. 10.4 The Peer Review Process. On or before October 1, The Faculty Teaching and Scholarship Committee and faculty member under review initially will discuss the faculty member's past performance, current work, and aspirations as they relate to the tenure criteria set forth in Section 6 of the Faculty Policies. The faculty member will provide a written statement describing pertinent activities and accomplishment prior to the meeting, and copies of all pertinent writings or publications. A. The Faculty Teaching and Scholarship Committee will then review the performance of the faculty member as it relates to the tenure criteria set forth in these policies and the success in meeting goals in prior peer review statements. The primary, though not exclusive, focus of the review shall be on performance during the preceding five (5) years. The committee may utilize any method of information collection it deems appropriate, including but not limited to class visitations, written student evaluations, personal interviews with other law faculty, members of the bar, students, and community leaders. The Faculty Teaching and Scholarship Committee will visit classes taught by those faculty members under review if requested to do so by the faculty member. B. On or before January 31, the Faculty Teaching and Scholarship Committee will prepare a written evaluative report of its review. The faculty member and committee will then discuss the report and appropriate goals for the faculty member to pursue in the subsequent five (5) years. C. Subsequent to the discussion noted in paragraph B, but on or before February 28, the faculty member shall submit a brief statement reflecting the goals of the faculty member under review for the subsequent 5 years. The Faculty Teaching and Scholarship Committee will make comments within 30 days on the appropriateness of the goals set by the faculty member under review. The faculty member may respond in writing to the Committee comments. 10.5 Filing of Reports. A. The evaluative report, faculty member statement of goals, committee comments and any response written by the faculty member shall be filed with the faculty member reviewed and the Dean. On or before October 30,annually, the Associate Dean for Faculty Teaching and Scholarship shall invite faculty members to amend their goals statement. By January 31 in the third year after a goals statement has been filed, the Associate Dean for Faculty Teaching and Scholarship shall ask the faculty member to file an interim report on progress toward meeting the goals and any amendments to the goals statement. B. Peer Review correspondence, reports, and files are confidential personnel files. 11. Guidelines for Non-tenure Track Clinical Teachers 11.1 Scope and Purpose. These policies apply to both short term contract clinical instructors and continuing contract clinical instructors. These positions are defined in Section 11.3 below. The policy of the Law School is that the clinic will usually be staffed by clinicians with professorial rank. However, in situations of sufficient need, short term clinical instructors may be appointed instead of continuing contract clinical instructors. According to this policy, while it would remain possible to appoint clinical instructors on short term contracts, the regular clinic staff will be eligible for professorial rank, and following rigorous evaluation, will be eligible for Continuing Contract status on rolling three year contract appointments. This status is defined at Section 11.6 below. 11.2 Objectives. The formalization of a continuing appointments status for clinicians, and regularized policies for hiring, promotion and contract renewal serves the following objectives: (1) to assist the clinical faculty in developing as teachers and scholars; (2) to protect the core function of clinical education at the law school as well as the academic freedom of the clinical faculty through appropriate employment security; (3) to permit flexibility in clinic hiring, expansion, program design and long term budgeting decisions; and (4) to encourage regular planning and maximum notice to clinical faculty and the law school of program change and/or terminations. 11.3 Clinical Positions Defined. A. Clinical Instructor. A clinical instructor is a member of the faculty hired on a short-term contract (normally one (1) year). A clinical instructor will have no automatic right to enter the clinical continuing contract track or to obtain professorial rank. However, if positions are available and advertised, an instructor may apply for a position on the continuing contract track, with professorial rank in accordance with Section 11.4B. B. Clinical Continuing Contract Track Professor. Clinicians hired on to the continuing contract track (see Section 11.4B) will have appropriate professorial rank (Assistant, Associate, or Full Professor). Following hire on the continuing contract track, clinical professors will be subject to regular evaluation and may be granted a continuing contract status. Clinical professors are entitled to all rights and must meet all obligations of tenure track faculty members with the exception of those rights and obligations relating to tenure. 11.4 Appointments. A. Clinical Instructor. Instructors will be appointed by the Dean, upon recommendation of the Appointments, Tenure, and Promotion Committee and the Clinic Director to serve on a one (1) year contract, with no right or option of continuing contract appointment or professorial rank. These one (1) year contracts may or may not be renewed at the sole discretion of the Law School. B. Clinician With Professorial Rank. Appointment on the continuing contract track with professorial rank shall be in accordance with the Appointment policy stated above in Section 4. Such appointment will carry with it no automatic right or option to move to the tenure track. 11.5 Promotions. Promotion from Assistant Clinical Professor to Associate Clinical Professor, or from Associate to Full Clinical Professor will be in accordance with the Promotion policy stated above in Section 5. Both teaching requirements and academic research and writing requirements shall be administered appropriately to allow for the differing nature of clinical teaching. In addition to (or as appropriate, in lieu of), the criteria for promotion referenced in Section 5, the promotion standards for clinical professors will require: A. Demonstrated excellence in clinical teaching including: (1) Excellence in the supervision of students in all aspects of client representation; (2) Excellence in the production of teaching materials for the clinical program; (3) Excellence in participation in the management, operation and design of the clinical program including implementation, fundraising, and other administrative responsibilities including supervision of support staff, as assigned by the Dean or the Clinic Director; and (4) Excellence in tutorial and small group teaching. B. As stated above, promotion to Full Professor will require scholarship meeting the requirements for the rank of Full Professor. The nature of scholarship appropriate for a clinician may differ from that of a tenure track faculty member based upon the differences between the clinical teaching positions and those of tenure track faculty members. 11.6 Continuing Contract Status. A. Prior to the granting of continuing contract status, a faculty member on the continuing contract track will be evaluated by the Appointments, Tenure, and Promotion Committee and the Clinic Director. Upon favorable recommendation, based upon all criteria stated above, the clinician's contract may be renewed by the Dean for an appropriate length of time. In cases where the decision is made not to renew the contract of a clinician on continuing contract track, the individual must receive one (1) full year's notice of non-renewal. The same process of contract renewal will be followed for each renewal contract until the clinician is evaluated for continuing contract status appointment (see Section 11.6B). B. An Assistant or Associate Clinical Professor may apply to receive a continuing contract appointment in his or her fifth (5th) year at the Law School, or earlier by agreement based upon prior experience and faculty recommendation upon hiring. The clinician must apply for such appointment no later than in his or her sixth (6th) year at the Law School. If a continuing contract appointment is not sought, or is denied, the clinician's appointment will generally be terminated effective at the end of the next year or at the end of the contract on which the clinician is then serving, whichever is later. C. The Dean will refer any requests for continuing contract appointment to the Appointment, Tenure, and Promotion Committee for its recommendation. The Tenure and Promotion Committee will report its recommendation to the faculty (tenured faculty and continuing contract professors). The review and recommendation will be based upon the candidate's teaching, clinical case supervision, participation in clinical administration, scholarship, and other service to the school and the profession following the guidelines stated in these policies at Section 6 for the granting of tenure. D. The faculty will then recommend to the Dean either continuing contract appointment or termination after consideration of the Appointment, Tenure, and Promotion Committee recommendation. E. If the Dean makes a continuing contract appointment following the above recommendations, this status will entitle the clinical professor to a three (3) year, rolling contract. Unless notice of non-renewal is provided, the three (3) year rolling contract will be self-renewing each year. Non-renewal notice only may be issued by the school for cause as defined in Section 6.1A including unsatisfactory performance, misconduct, a material modification of, or termination of, the clinical program, or a financial exigency. Clinical professors may not be discharged, demoted, or suspended in restraint of their exercise of academic freedom as set forth in these policies at in Section 3. Clinical professors will be subject to the regular Faculty Peer Review Program, and to such annual performance reviews as the Dean deems appropriate. (1) Non-renewal for unsatisfactory job performance will specify the deficiencies in performance upon which the decision of non-renewal was based. In the year following the non-renewal, at the request of the clinical professor, the performance of the professor will be reviewed by the Appointment, Tenure, and Promotion Committee in accordance with the standards of initial continuing contract status evaluation. The Committee will recommend to the Dean whether the notice of non-renewal should stand, or be rescinded. The Dean will make the final decision on renewal. If the notice of non-renewable is rescinded, a new rolling three (3) year contract will generally begin the following year. If the notice is not rescinded, the individual's contract will normally terminate at the end of the following year. (2) Misconduct may result in immediate termination by the Dean. The clinical professor may appeal any termination for misconduct under the provisions of Section 7 of these policies. 12. Sabbatical Leave for Full-Time Faculty Members 12.1 Eligibility. Full-time Associate Professors and Professors who have been members of the Faculty of the Law School for six (6) years after September 1, 1973, are eligible for a sabbatical leave. Sabbatical leaves are available after each six (6) years of teaching. 12.2 Compensation. A faculty member whose application for a sabbatical leave is approved by the Dean will receive either one-half of his or her current salary for a year's leave, or all of his or her current salary for a semester's leave. Benefits will be continued during the period of sabbatical leave. 12.3 Application Procedure. Sabbatical leaves are granted in accordance with the following procedure: A. Written application for a sabbatical leave must be made to the Dean of the Law School not later than December 1st of the sixth (6th) or any subsequent academic year for leaves to be effective during the next academic year so that adjustments may be made in the budget and in class schedules. B. Applicants must indicate the specific purpose for which the sabbatical leave is to be used. Sabbatical leave is granted so that faculty members are allowed time off from their regular duties so they may: (1) complete a piece of research and/or writing; (2) devote time to an organized post-J.D. program of study at some university that will refresh and enrich the teacher; (3) accept a fellowship or special grant for a particular study; (4) complete work for an advanced degree; or, (5) pursue any other program or activity designed to advance his or her professional standing or enrich his or her teaching and research that may be approved be the Dean of the Law School. C. If such leave is granted, the faculty member retains his or her rank and position. Such leave does not affect unfavorably the promotion or tenure status of the faculty member. The terms of any sabbatical leave shall be set forth in writing by the Dean. 12.4 Return from Sabbaticals. Faculty members receiving a sabbatical leave are deemed to have agreed to return to the Law School for at least one (1) year's service following completion of the leave. A leave of absence, without compensation, may be granted to full-time faculty members upon application to the Dean. If such a leave is granted, the faculty member retains his or her rank and position. Such leave does not affect unfavorably the promotion or tenure status of the faculty member. The terms of any leave of absence shall be set forth in writing by the Dean. HUSL Faculty Productivity Evaluation Plan I. Introduction The HUSL Strategic Plan calls for a clarification of faculty productivity goals and evaluation processes by the Spring of 1996. The clarified productivity goals should be consistent with tenure and promotion policies and should become the basis of faculty evaluation for compensation decisions. Faculty Policies and Strategic Plan goals are consistent in their adoption of the ideal of quality, achievement, and productivity. There is little agreement however on the degree to which objective or quantitative measures can be brought to bear on performance evaluation. This document is the Promotion and Tenure Committee's attempt to implement the consistent ideals of our policies and Strategic Plans with a productivity evaluation policy that limits descriptions of regular productivity goals with a system for evaluation that allows the assessment of productivity criteria in a balanced way to accurately and fairly assess the full range of desirable faculty activities over time. II. Defining Productivity A. Introduction While the Committee believes that objective measures may add clarity to current HUSL productivity definitions for faculty, it also believes that the complete job of a faculty teacher scholar cannot be reduced to simple quantitatively measured formulae. The problems of objective measurement of faculty productivity (both quantity and quality) are familiar to all teachers. For example, with respect to teaching quantity, it seems that a faculty member who teaches larger classes has a somewhat greater workload than a faculty member who teaches smaller classes. While this workload issue is real, in terms of the number of exams that are graded each year and in terms of the potential number of outside office visits the faculty member receives, there is no clear correlation between class size and workload variation. Smaller, advanced courses may actually require greater out-of-class preparation to maintain the faculty member's expertise. Each paper used in lieu of an examination in a seminar requires significantly more grading and comment time than the exam grading time in survey courses. Consequently, class size and credit hours per semester taught may not be fair indicators of productivity. More importantly, if seminars and smaller advanced courses requiring special expertise are of value to the Institution, it may not make sense to locate productivity priorities within larger class loads. The objective measurement of teaching quality is even more problematic. Student evaluations are helpful, but are fraught with difficulties. For a variety of reasons, excellent classroom teaching may be unappreciated by students. Also, mediocre but entertaining teaching may be rated highly. Faculty evaluation may be more informed than student evaluation, but it is next to impossible to have a thorough faculty evaluation system because of the inordinate time demands. We lack the time to sit through whole courses, and spot visits are inadequate. Further, if merit decisions are based upon faculty evaluations, there is the danger of self-interest creeping into evaluations. Outside evaluations could be used for some purposes, but the cost would be prohibitive to use outside evaluators for regular evaluations. Evaluation by the Dean would be subjective (as are individual faculty and individual student evaluations) and would divert huge amounts of the Dean's time from more valuable management and fundraising efforts. Finally, with respect to teaching, there is little agreement about good teaching in the abstract. There are major faculty differences about all aspects of teaching. For example, some faculty regard lecture as an important and useful teaching method, while others believe virtually all law school teaching should be in the "Socratic mode." There are more minor differences that prevent objective evaluation of-teaching. For example, some teachers believe an orderly and even progression through materials is superior and use a syllabus, while others, placing a premium on flexibility, regard a syllabus as a hindrance. Consequently, it would be difficult even to give credit in a productivity rating system to the production of a syllabus, at least in any mechanical way. While teaching is perhaps the most difficult of a faculty member's "jobs" to evaluate by the numbers, many difficulties are associated with objective measurement of productivity in other areas of faculty endeavor. Scholarship and publication come in different forms and invoke different expertise and methodology. Quality in scholarship can be painful to evaluate, yet only the production of quality scholarship is useful to the Institution, to the profession, and to the individual faculty member. Likewise, the quantity and quality of efforts in service to the Law School, the University, and to the larger community are difficult to evaluate and to compare. Given the difficulty and the danger of reductionist "objective" performance measurement, and the need to encourage production in terms of HUSL's true needs, the committee has attempted to refine and clarify productivity measures and to link them to evaluation by developing a set of principles to be used as guidelines for productivity measurement. The process or system within which these guidelines would function remains to be specified. Also, whether the current peer review system or some other system of faculty advice to the Dean will be used to help inform the Dean's decisions on productivity, it is assumed that productivity evaluation ultimately will be the responsibility of the Dean, and the University, as they always have been. III. Productivity Assessment Principles A. Balance Among Tenure and Promotion Standards The first principle of productivity evaluation is that it should be achieved within a balance of the four traditional areas of faculty evaluation. According to the Strategic Plan: "a. A faculty member's productivity will be measured by performance in four areas: 1) teaching, including student relations more generally, 2) scholarship, 3) public/community service and 4) administration or University/law school service. b. Each area will be emphasized in assessing a faculty member's productivity, although for purposes of tenure and promotion, teaching and scholarship will figure more prominently in an assessment of productivity. c. In weighing these factors, flexibility is essential. A faculty member's strong showing in one area may be allowed to compensate for less of a showing in other areas." The concept of flexibility and a "mix of factors" is consistent with the tenure and promotion policies which provide in relevant part that decisions on tenure and promotion: "... will be based upon competence determined in the aggregate with emphasis upon the following criteria: (1) effective classroom teaching; (2) evidence of mastery of his or her subject area, keen analytical ability, and accessibility to students; (3) willingness to undertake committee assignments and otherwise render competent service to the Law School and University; (4) promise of producing creative and scholarly publications in his or her field of expertise; (5) personal attitudes and relationships with his or her colleagues on the Faculty of such an order of compatibility that there will be created no impediment to the effective discharge of his or her duties with them; and (6) professional activities of service to the bar or to the public." Finally, the Preface to the Hamline Peer Review System reinforces the flexible and individualized notion of optimum faculty productivity stating: "Hamline Law School is healthiest and most productive when its faculty is contributing to scholarship, educating skilled and thoughtful lawyers, and serving the University, legal, and local communities. It is not necessary, nor possible, that all faculty members make identical contributions to these endeavors. Nor is it desirable that any single faculty member be expected to make contributions that emphasize the same aspect of our law school mission year after year. Some faculty may choose to concentrate on teaching some years and on scholarship in other years. Accordingly, the peer review process is designed to measure individual contributions in a manner that takes into account individual strengths and choices. The peer review system, and more specifically, the Peer Review Committee, are created to assist faculty members in reaching their full professional potential. By developing fully as a law school teacher, there will be a significant benefit to Hamline and its goal of becoming a high quality regional law school... " B. Three Year Rolling Reviews The second principle of productivity evaluation is that a perspective longer than one year's time should be built into the system. Initial committee discussions of productivity evaluation assumed annual review. Indeed, since salary decisions are made annually, some review must be accomplished annually. However, aspects of faculty work may include longer term projects such as books. Therefore, the committee recommends that each annual review include an assessment of the faculty member's productivity in the current year and the previous two years as well. This process also should be undertaken in the context of our Peer Review, Five Year Plan system to integrate evaluation with planning. Individuals will thus know within the context of a larger five year plan, the individualized basis of their own evaluation for the year of evaluation, and the plan for evaluation in the following year. A three year rolling review, in the framework of a five year plan, would permit not only individual, but also institutional planning. C. Clarified Institutional Goals Part A above stresses balance within the four areas of faculty endeavor: teaching, scholarship, internal service, and service to the bar and community. Within this framework, the committee recommends the following clarifications regarding particular productivity goals: (1) Balance in faculty productivity requires that in each year there be some faculty endeavor in all four areas. Of course, teaching always is present in the "negotiated" class schedule of the faculty member. It should also be clear that a faculty member should plan and carry out every year some research and writing, some internal service (at least normal committee assignments), and some activities of service to the bar and community. (2) Although faculty productivity should include work in the four areas of faculty endeavor, individualized evaluations should permit flexibility in the emphasis of faculty production from year to year. In any given year, a particular faculty member may have a plan that heavily emphasizes one area or another and necessarily de-emphasizes other areas. For example, in a particular year in which a faculty member has new preparations, an unavoidable course overload, or a special teaching project (such as the development of a specialized supplement or a set of skills exercises), that faculty member would not be expected to do as much in the other three areas as another faculty member who doesn't have such time-consuming teaching projects. Likewise, if a faculty member is finishing a book, or producing a major article in a particular year, that faculty member would not be expected to teach an overload (indeed might have a lightened load or to do extra law school committee or community service work. 3) Productivity Goals Within the framework of Part III, C, 2 above, it should be the goal of each faculty member to accomplish each of the following goals: a) annually to teach with excellence the teaching load agreed upon for that year; usually 10 to 12 credits per year, and [In evaluating teaching excellence the Faculty Policies and comment to the Peer Review System provide the following guidance: FACULTY POLICIES "6.4 Quality of Teaching Different people are outstanding teachers for different reasons, and it is not possible to identify each of the essential components of teaching ability. The following factors will be considered as evidence to teaching ability: (1) ability to communicate; (2) preparation for class; (3) breadth of knowledge relevant to the field; (4) thoughtful organization of individual class sessions and overall course content; (5) ability to stimulate students; (6) ability to direct a classroom session; (7) and accessibility to students and demonstrated interest and involvement in their welfare." The Commentary to the Peer Review Plan provides: PEER REVIEW It is expected that all tenured faculty will continue to demonstrate a high quality of classroom teaching Again, it is not expected that all teachers will teach in the same way. The peer review system will consider such factors as class size, ability to create classroom materials, willingness to undertake unfamiliar subjects and to participate in academically related assignments such as moot courts, Law review or journal advisor, and client counseling. b) bi-annually to produce one scholarly writing, with progress on a writing project annually; and [Scholarly writing is defined in faculty policies as: "6.5 Scholarly Writing A. Faculty members are encouraged to work actively and creatively as scholars, in the broad sense, in the law, outside the Law School as well as in it. Legal scholars can find many outlets to pursue their areas of scholarship and research. Interest may range from the highly abstract to eminently practical contributions including teaching materials. B. However diverse the forms in which scholarship is manifested, it should: (1) ultimately appear in writing; (2) be the result of thoughtful labor; and, (3) be disseminated to, and warrant recognition by, a significant audience, having in mind the special characteristics and purpose of the work." c) annually to complete all assigned internal law school projects, committee or otherwise, (e.g., Moot Court coaching or supervision of a concentration) agreed upon each year with the Dean and Associate Dean. It is expected that every other year the faculty member's contributions to the Law School would be significant. Serving as chair of a standing committee, or the execution of a substantial project would be regarded as significant; and d) annually to participate in substantial professional activities of service to the bar or public, at least some of which is on a volunteer basis. By substantial this clarification intends to distinguish mere bar or committee membership from accepting leadership roles, doing important substantive work for bar or other public service institutions, delivering public addresses or lectures and significant pro bono representation. Peer review policy comments elaborate further on public service as follows "Finally, it is expected that each tenured faculty member will contribute reasonable time and effort to university, professional and community service. This includes at least three different components.... [service to legal education and to the legal profession is expected of tenured faculty members. Various examples of service can be considered by the Peer Review Committee. Work such as AALS committees, ABA committee work, or Minnesota Bar commitments are only illustrative and are not necessarily the only examples of professional service. Finally, some nonlaw or community service may be appropriate for tenured faculty members to perform. This service should be left to the faculty member under peer review and the Peer Review Committee to determine and evaluate. " 4) Interpretation of Faculty Production Goals: The goals set out above are target goals and are not intended to express minimums in each area. Neither should they be taken to limit productivity in any area. Rather they are intended to express the idea that in each evaluation period, the faculty member normally would be expected to have some achievement in each area of endeavor and significant achievement in one or more of the areas. |