3.3.9.3 Due Process Following an Unsuccessful Post-Tenure Review or Corrective Post-Tenure Review

If, after conducting a final review of appropriate materials and allowing the faculty member an opportunity to be heard at the conclusion of the Performance Improvement Plan, the School Chair and Dean determine that the faculty member has failed to make sufficient progress in performance as outlined in the performance improvement plan (or has refused to engage reasonably in the process), the School Chair and Dean will propose appropriate remedial action corresponding to the seriousness and nature of the faculty member’s deficiencies.  

1. The faculty member may appeal the Unsuccessful Post-Tenure Review, the Unsuccessful Corrective Post-Tenure Review, or the School Chair and Dean’s assessment that the faculty member has failed to make sufficient progress as outlined in the Performance Improvement Plan (PIP) to the Faculty Post-Tenure Review Appeals Committee (PTRAC), following the procedures outlined in 3.3.9.4 Post-Tenure Review Appeals. The faculty member has ten (10) calendar days from receiving the recommendations of the School Chair or Deans to request the Faculty PTRAC review.  If received within ten (10) calendar days, the request will be granted. 
2. If the faculty member does not request a review by the Faculty PTRAC, the Provost will make the final decision on remedial action. The Provost’s remedial action may include, but are not limited to, suspension of pay, salary reduction, revocation of tenure, and separation from employment.  Faculty Handbook section 3.1.10 Faculty Conduct, Discipline, and Removal of Faculty members provides additional guidance. 
3. Within five (5) calendar days of receiving the recommendation(s) from the Faculty PTRAC, the Provost shall send an official letter to the faculty notifying them of the decision. 
4. The faculty member may appeal to the President of the institution within five (5) calendar days of receiving the decision from the Provost. The President’s final decision shall be made within ten (10) calendar days of receipt of the faculty member’s appeal and should notify the faculty member of their decision and the process for discretionary review application as provided for in Board of Regents’ Policy.
5. However, if the remedial action is separation from employment, the faculty member has the right to request a final faculty hearing for the purpose of confirming that due process was followed in reaching the decision of separation of employment as outlined in 3.3.9.4.3.
6. An aggrieved faculty member may seek discretionary review of the Institute's final decision pursuant to Board of Regents’ Policy on Applications for Discretionary Review (6.26).