Faculty Handbook Revised April 4, 2017 DISCLAIMER WITH THE EXCEPTION OF SECTION IV, THE LANGUAGE USED IN THE LANDER UNIVERSITY FACULTY HANDBOOK DOES NOT CREATE AND IS NOT INTENDED TO CREATE AN EMPLOYMENT CONTRACT BETWEEN THE EMPLOYEE AND LANDER UNIVERSITY. THIS HANDBOOK IS INTENDED FOR GUIDANCE ONLY, WITH THE EXCEPTION OF SECTION IV. LANDER UNIVERSITY RESERVES THE RIGHT TO REVISE THE CONTENTS OF THIS HANDBOOK IN WHOLE OR IN PART. Page | 1 Section I. Bylaws of the Lander University Board of Trustees I. Board Organization 1.1 In accordance with the statutes of the State of South Carolina, the final authority and responsibility for the governance of Lander University is vested in the Lander University Board of Trustees. 1.2 The membership of the Board of Trustees is established by statute and consists of one member from each of the congressional districts in South Carolina and eight members at large, elected by the General Assembly for terms of four years each; one member appointed by the Governor; and one ex-officio member who shall be the Governor (or his/her designee). 1.3 The Board of Trustees shall elect from among its members a chair, a vice-chair, and a secretary, each of whom shall serve for two-year terms. No officer shall serve more than two full terms in succession. The chair shall preside at all meetings of the Board of Trustees. In the event of the absence of the chair at a Board meeting, the vice-chair shall preside. In the event neither is present, the secretary of the Board of Trustees shall preside. The election of officers shall take place at the last regularly scheduled Board meeting in June of each odd-numbered year, or as soon thereafter as practical. At a time reasonably in advance of the election, the Chairman shall appoint a nominating committee consisting of at least three (3) people other than him or herself who shall submit a board slate. In making its selections the committee should not poll the membership but should contact potential nominees in advance of making its nominations. No members of the committee shall be one its nominees. Nominations may also be made from the floor. It is contemplated that the Vice Chair will become the Chair when the next succession occurs. Officers shall serve a two-year term commencing on July 1 of the year of election and ending on June 30 of the next election year or at such time as a successor has been elected. In the event of a vacancy, that vacancy may be filled by election at a subsequent board meeting or the Board may leave the office vacant until the next regular election. Any person elected to fill an unexpired term shall serve the remainder of that term and shall not be disqualified from serving two full terms. 1.4 The Board of Trustees may elect a recording secretary who need not be a member of the Board. 1.5 An Executive Committee shall be formed consisting of the chair, the vice-chair, the secretary, and the committee chairs. The past chairs shall serve as non-voting members of the executive committee. 1.6 The chair, vice-chair, secretary, recording secretary or any of the Executive Committee members may be removed from their offices by a majority vote of the entire membership of the Board of Trustees. 1.7 The Board of Trustees shall establish such Standing Committees from among its own members and/or of the administrative officers and faculty of the University as it deems necessary or advisable for the best discharge of its responsibilities in supervising the operation of the University. The Board Chair shall appoint committee members and committee chairs. No Board members shall serve on more than one Standing Page | 2 Committee at any one time. Such committees shall meet as necessary for the discharge of their responsibilities. 1.8 Ad Hoc Committees may be established by the Board of Trustees or the Chair for specific and limited purposes. In order for a committee to be deemed ad hoc, a majority of Board members present and voting must so approve. Ad hoc committee members and chairs shall be appointed by the Board Chair. Such committees shall meet as necessary for the discharge of their responsibilities. 1.9 At least four regular meetings of the Board of Trustees shall be held each year, scheduled as the business of the University may require. These meetings, if possible, shall be scheduled quarterly. All meetings of the Board of Trustees and its committees shall be conducted in full compliance with the South Carolina Freedom of Information Act. Any meeting may be continued by adjournment from day to day, or there may be an adjournment sine die. At regular meetings any business relating to the University may be discussed and transacted. 1.10 Besides the regular meetings, the Chair of the Board of Trustees shall have power to assemble the Board at any time in special meetings, and it shall be his/her duty to do so upon the written request of three members of the Board or of the President of the University. 1.11 Voting shall be by voice and shall not be recorded by yeas or nays. Any member may request a divided vote by a show of hands, prior to the results of the voice vote being announced. Five members may request a roll call of each member to be recorded provided the roll call is requested prior to the results of the vote being announced. Voting may also be conducted via teleconferencing if deemed necessary by the Board chair. 1.12 On any action taken by the Board of Trustees involving tuition or general fee increases, a recorded vote is required. 1.13 No member shall vote or participate in discussion on any issue in which that member has a personal, professional or financial interest. Prior to action having been taken by the Board of Trustees on a specific issue, any member may raise the issue of conflict of interest of any other member and the Chair shall rule. The Chair’s ruling may be appealed to the entire Board of Trustees with the majority of those in attendance deciding. 1.14 Procedure in all meetings shall be governed by Robert’s Rules of Order as revised, except when such rules conflict with these Bylaws. 1.15 A majority of the total membership of the Board of Trustees shall constitute a quorum. 1.16 The President of the University shall be expected to be present at all meetings of the Board of Trustees, unless the Board meets in Executive Session and, by majority votes, he/she is specifically excluded. 1.17 A designated faculty member (elected by the faculty as a whole) may sit with the Board in open session and, when recognized by the Chair for such purpose, may speak on matters of which he/she has special knowledge and which may be of concern to the faculty. He/she is not deemed to be a member of the Board and shall have no vote. 1.18 Any member of the Board of Trustees is subject to being removed from office by the Governor of South Carolina if that member is guilty of malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of Page | 3 duty in office, or incapacity pursuant to Section 1-3-240 of the South Carolina Code of Laws. II. Administration of the University 2.1 Vesting of Authority The authority for the administration of Lander University is vested by the Board of Trustees in the Office of the President and such subordinate officers as may from time to time be appointed by the President. 2.2 Appointments and Terms The President is appointed by the Board of Trustees to serve for such term and on such conditions as they consider appropriate. 2.3 The President (a) The President is the chief executive officer of the University and Chair of the Faculty. He/she is vested to act for the Board of Trustees in administering the University, and he/she is responsible for achieving the stated purpose of the University and for its ongoing operations. To this end, the President shall have the foregoing general powers, the specific powers as defined elsewhere in this document, and all powers commonly associated with and required for the discharge of the duties of a chief executive of a university. (b) In his/her role as the guardian of the interests of the Board of Trustees, he/she is responsible for monitoring all actions of staff and faculty to ascertain if they are in accord with the stated purposes, policies and bylaws of the University. He/she has the authority to annul any action of the staff or faculty when in his/her judgment such action is not in harmony with the purposes, policies and bylaws of the University or when he/she judges such actions to be unwise. If he/she annuls any action of the faculty he/she will present his/her reasons for the annulment in writing to the Board and to the faculty. By a majority vote of the faculty as a whole, the President’s annulment of a faculty action may be appealed to the Board. (c) Certain powers and duties herein given to or required of the President may be delegated appropriately by the President to other University officers; however, under no circumstances does this delegation of authority reduce the responsibility of the President to the Board of Trustees for any and all acts performed as a result of his/her delegation of authority. (d) The President, in consultation with the Board, will review the University’s mission statement at least every third year and approve needed changes to the statement, in accordance with policy established by the South Carolina Commission on Higher Education. (e) The President shall serve as the official agent of communications between the Board of Trustees and the University: faculty, administrative officers, individual members of the staff, university organizations, student organizations, and students. (f) Generally, the President or his/her designee shall represent the University in its relationships with related associations, other institutions, the news media, government agencies, alumni, and the general public. Page | 4 (g) The President is a member of the Faculty and the President or, in his/her absence, the Provost and Vice President for Academic Affairs, presides at its formal meetings. He/she reports regularly to the Board of Trustees on the condition of the University and proposes programs and courses of action requiring Board of Trustees’ approval. (h) The President, along with the Provost and Vice President for Academic Affairs, shares with the Faculty the responsibility for proposing educational programs and policies. He/she is also responsible for the orderly implementation of educational programs and policies. (i) The President is responsible for the orderly management of fiscal and personnel affairs and the auxiliary enterprises of the University, including fund raising, as well as for the maintenance and development of its financial and physical resources. (j) The President is responsible for the formulation of policies regarding the operation and development of the library, including the allotment of budgeted funds to particular departments and other units as well as the implementation of the selection and use of library materials (subject to the general responsibility of the staff and faculty in the selection and use of library materials). (k) The President is responsible for the orderly conduct of the intercollegiate athletic programs of the University. The President has the powers necessary to discharge this responsibility, to propose policies and programs, and to implement them. (l) The President is responsible for the development of policies and programs which will enhance the quality of campus life in its broadest scope. To this end, the President is authorized to employ administrative officers and staff personnel to conduct social and cultural programs and to make provisions within annual budgets for the support of these programs. (m) The President is responsible for the development and administration of policies governing student conduct on campus and the use of University facilities. (n) The President is expressly empowered to approve the conditions under which initial appointments are made, renewals of appointments, promotions in rank, compensation, conferral of tenure, and the termination of faculty and staff members in accordance with the stipulations set forth in this document. If requested by the President, the appropriate vice president or other officer of the University is responsible for making recommendations to the Presidents in respect to all such matters. (o) It will be the responsibility of the President to develop procedures for the annual evaluation, in writing, of the other officers of the University. 2.4 Other Officers of the University (a) Subject to approval of the Board, the President may establish such other officers of the University as he/she may deem appropriate. (b) Such officers shall be appointed by the President and serve at his/her pleasure. Such officers shall have the duties, powers, and reporting responsibilities as designated by the President. Page | 5 (c) The President will periodically furnish to the Board a description of the duties, powers, and reporting responsibilities of all officers of the University. III. The Faculty of the University 3.1 Membership The Faculty consists of the President of the University, the Provost and Vice President for Academic Affairs; and anyone holding the rank of Instructor, Assistant Professor, Associate Professor, or Professor, including “Visiting” positions. 3.2 Duties of the Faculty (a) The Faculty has the principal responsibility for the instructional programs of the University. The chief duty of each faculty member is to teach effectively the subject matter of the courses which he/she is assigned. He/she shall also serve on such committees as he/she may be elected to or appointed to by the appropriate authority. By precept, example, and in all his/her relations with students, he/she shall encourage scholarship, good citizenship, and campus cohesiveness, and shall be responsible for furthering all the programs and aims of the University. (b) While effective teaching, scholarship and service are the primary obligations of its members, the faculty is also concerned with recommending academic policies and enhancing the quality of the performance of its members through professional development. (c) Other areas in which the faculty shares responsibility for policy include admissions, curriculum, academic standards, promotion, tenure, and graduation requirements. IV. Retained Authority 4.1 General Although authority for administration of the campus is delegated to the President, the Board of Trustees reserves its right to intervene in all matters pertaining to the University. 4.2 Appeals The Board shall review appeals of faculty members regarding compensation, promotion, work assignment, and dismissal upon such terms and conditions as the Board may from time to time adopt, including the creation of a committee to review such appeals. However, any appeal to the Board of Trustees or its designated committee shall consist only of the evidence entered into the record at the hearing or proceeding before the Academic Freedom, Grievance, and Due Process Committee. In the appeal the Board of Trustees or its designated committee shall receive no new evidence. The Board shall not review appeals of faculty members regarding tenure or non-renewal of an employment contract. The Board shall review appeals as provided elsewhere in these Bylaws and may review appeals on other issues at its discretion. 4.3 Honors The Board shall approve the granting of honorary degrees and the Lander University Medallion of Honor. 4.4 Evaluation of the President Page | 6 In accordance with applicable law, it is the responsibility of the Board to evaluate annually the performance of the President of the University. The evaluation will be based upon procedures and criteria established by the Board and may involve the services of outside consultants if deemed advisable by the Board. 4.5 Faculty Bylaws The Board shall approve the Faculty Bylaws and any amendments thereto before adoption. 4.6 Tenure Upon recommendation of the President, who will have consulted with the tenured members of the appropriate department, the Board may confer tenure upon newly appointed senior university officials, deans and department chairs. Normally, senior faculty members appointed with tenure will have held tenured positions in other fouryear institutions or have held academic appointments elsewhere for at least six years. V. Amendments 5.1 Proposed amendments may be presented to the Board by any member of the Board, by the President, or, when transmitted through the President, by the Faculty. 5.2 Proposed amendments must be submitted in writing to all members of the Board at least thirty (30) days before the meeting in which action is to be taken. This requirement may be waived by unanimous consent of those members present at such meeting, provided that at least a majority of the members of the Board are present. If the thirty (30) day requirement is so waived then in order for a proposed amendment to be approved, two-thirds (2/3) of the full membership of the board must vote for approval. 5.3 These Bylaws may be amended by vote of two-thirds (2/3) of the full membership of the Board. These Bylaws adopted this 9th day of June, 1992 Amended June 9, 1993 Amended September 16, 1997 Updated: December 15, 2005 Amended June 12, 2007 Amended September 21, 2010 Amended June 11, 2014 Amended December 11, 2015 Page | 7 Section IIa. Constitution of the Faculty Senate of Lander University ARTICLE I. Name and Purpose SECTION 1 The name of this organization shall be the Faculty Senate of Lander University. SECTION 2 The purpose of the Faculty Senate shall be to provide part of the means by which the faculty shall carry out the responsibilities set forth in the Bylaws of the Lander University Board of Trustees, sections III.3.2(b) and III.3.2(c). In the event of real or apparent conflict between this Constitution and the Bylaws of the Board of Trustees, the Bylaws of the Board of Trustees shall take precedence. SECTION 3 Upon the Constitution’s becoming effective, the Faculty Senate and its Constitution shall substitute nunc pro tunc for the Faculty Council and the Governance Committees. ARTICLE II. Organization SECTION 1 The Faculty Senate shall be composed of Senators representing the voting faculty of Lander University. The voting faculty shall consist of the President of the University, the Vice President for Academic Affairs, and anyone holding the rank of Instructor, Lecturer, Assistant Professor, Associate Professor, Professor, Assistant Librarian, Associate Librarian, or Librarian -- including ‘Visiting’ positions and the incumbent (as of the 1993-94 academic year) Directors of the Reading, Writing, and Mathematics Laboratories (Bylaws of the Lander University Board of Trustees, section III 3.1). The President of the Student Government Association and the Vice President for Academic Affairs shall be ex officio nonvoting members of the Faculty Senate. SECTION 2 The voting faculty of each academic division or school shall elect one Senator, who shall not be the chair, library director, or dean of that division or school at the time of nomination. For purposes of Faculty Senate representation, the Professional Librarians and the Directors of the Reading, Writing, and Mathematics Laboratories shall be considered members of one academic division and shall be entitled to elect one Senator. The voting faculty of the University shall elect nine additional Senators at large serving staggered terms. SECTION 3 A Chair, Chair-elect, and Secretary shall be elected from among and by the Senators to serve for a term of one year. ARTICLE III. Nominations and Elections SECTION 1 Each spring the voting faculty shall nominate and elect Faculty Senators to take office on the first day following the end of the spring semester during which the Page | 8 election is held. The Faculty Senate shall conduct the election through its Elections Committee. SECTION 2 Nominations for divisional and at-large Senators shall be requested from the voting faculty. Voting faculty of each division may nominate one candidate for divisional Senator and up to three different candidates for at-large Senators. The same faculty member may be nominated for both positions. If a person is nominated for more than one Senatorial position, he or she shall indicate the position for which he or she will appear as a candidate. The two persons receiving the highest number of nominations from their academic divisions or schools shall be designated as the candidates to stand for election as Senator of their respective academic divisions or schools. The six persons receiving the highest number of nominations for at-large positions shall be designated as the candidates to stand for election to the three available positions. SECTION 3 Members of the Faculty Senate shall be elected from among the candidates determined in the nominating process. Voting faculty of each academic division or school shall vote for Senators from their respective division or school and all voting faculty shall vote for at-large Senators. Tie votes shall be resolved by a special election. If a Senatorial vacancy occurs, the Faculty Senate shall conduct a special election to fill the vacancy from the appropriate constituency. The specially elected Senator shall complete the unexpired term of the Senator originally elected. SECTION 4 Qualification for election of the Faculty Senate shall be membership in the voting faculty. Chairs, the library director, and deans of academic divisions or schools shall be eligible for at-large positions if they are otherwise qualified; they shall not be eligible for positions representing their divisions or schools. SECTION 5 The term of office for each member of the Faculty Senate shall be three years. A Senator may not be re-elected until one academic year election cycle has elapsed since the end of his or her term unless he or she was elected by special election to fill an unexpired term of one year or less. SECTION 6 Upon receipt of a petition signed by at least 50 percent of a Senator’s constituents, the Election Committee shall schedule a formal recall vote. Any Senator may be recalled by a two-thirds vote of his or her constituency. SECTION 7 To the extent possible, one-third of the Senators shall be elected each year. ARTICLE IV. Jurisdiction SECTION 1 Page | 9 The Faculty Senate shall formulate policy on behalf of the faculty and shall serve as an advisory body to the President of the University. It shall have primary responsibility for recommending policy in matters of curriculum; subject matter and methods of instruction; tenure and promotion; academic freedom and due process; and those aspects of student life which relate to the educational process. It may consider all matters of University concern. SECTION 2 Any member of the University community may bring a matter of University concern to the attention of the Senate. SECTION 3 The Senate shall make recommendations to the voting faculty of the University concerning its areas of primary responsibility and any other matters deemed appropriate by the Senate. Recommendations from the Senate will be formally presented to the faculty at a faculty meeting and may not be voted upon during the same meeting that the recommendation is made. This delay may be overridden by suspending the rules. The voting faculty shall then vote at a following meeting without amendment to ratify, to reject, or to remand to the Senate such recommendations. SECTION 4 Upon ratification by the voting faculty, recommendations shall be delivered to the President of the University. Should he or she choose not to follow a recommendation of the voting faculty, the President shall inform the Faculty Senate in writing of the reasons within thirty days of receipt of the recommendation. The Faculty Senate shall inform the voting faculty of such action by the President. Upon request of the Senate, the President shall meet with the Senate for discussion of the matter. ARTICLE V. Responsibilities SECTION 1 The Faculty Senate shall propose its rules of procedure and bylaws to the voting faculty. SECTION 2 The Faculty Senate shall meet at least monthly during the regular academic year. All meetings of the Faculty Senate shall be open meetings unless otherwise required by law, or unless, when allowed by law, the Senate shall declare by two-thirds vote that a meeting shall be conducted in a closed session. No vote shall be taken while a meeting is conducted in closed session. SECTION 3 The Faculty Senate may establish such Senate committees as it deems appropriate. The members and temporary chairs of Senate committees shall be named by the Faculty Senate from among its members; at their first meeting of each year, the members of each committee shall elect their own chair and such other officers as may be appropriate for the effective functioning of the committee. The roster of committee members and officers shall be distributed at the first faculty meeting following the first Faculty Senate meeting of each academic year. Page | 10 SECTION 4 The Faculty Senate shall provide the President of the University with a list of faculty nominees for consideration as appointees to all University standing committees. SECTION 5 The Elections Committee of the Faculty Senate will conduct the election of the Tenure and Promotion Committee by following the procedures found in Section V.C. University Committees: Tenure and Promotion Committee. SECTION 6 The Faculty Senate shall regularly report its activities to the faculty of the University and shall distribute the minutes of each meeting to the President of the University, the vice presidents, and the faculty. ARTICLE VI. Amendment Procedure SECTION 1 An amendment to the Constitution of the Faculty Senate may be proposed by a petition to the Chair of the Faculty Senate signed by at least twenty-five per cent of the voting faculty, or by a majority vote of the Senators present and voting at a Faculty Senate meeting, or by the President of the University. SECTION 2 A proposed amendment to this Constitution shall be distributed to the voting faculty at least four weeks prior to its consideration at a meeting of the voting faculty. No action on amendments to the Constitution of the Faculty Senate may be taken unless at least one-half of the voting faculty is present. Passage of any such amendment shall be by a two-thirds vote of the voting faculty then present and voting. Upon passage, an amendment shall become effective after ratification by the President of the University and the Board of Trustees. Adopted by: The Governance Review Committee on February 16, 1993 The Faculty of Lander University on March 17, 1993 The Board of Trustees on April 14, 1993 Page | 11 IIb. Bylaws of the Faculty Senate of Lander University SECTION 1 - OFFICERS The Faculty Senate shall elect a Chair-elect and a Secretary from among the Senators to serve for a term of one year beginning on the first day following the end of the spring semester. For the initial year of the Faculty Senate, the Faculty Senate shall also elect a Chair. Nominees for Chair and Chair-elect must be tenured members of the voting faculty. Nominees for Chair-elect must have at least two full years remaining of their Senate terms at the time of their nomination. The election of officers shall be by secret ballot, with a simple majority vote required for election. If on any ballot no person receives a majority vote, then there shall be a runoff between those receiving the two highest vote totals. The Chair shall appoint a Parliamentarian of the Senate who shall not be a member of the Faculty Senate. The Parliamentarian shall advise the Chair on all matters of procedure at the meeting according to the latest revision of Robert’s Rules of Order. SECTION 2 - CHAIR The Chair shall preside at meetings of the Faculty Senate. The Chair shall act as a representative of the Senate on appropriate University committees and in University forums other than meetings of the Senate or of the whole faculty, and shall communicate the Senate’s advice and recommendations to appropriate University officers. No later than February 1 of each year, the Chair shall advise the Senate Elections Committee of the need to conduct an election of Senators to succeed those whose terms are about to expire. At other times, the Chair shall promptly advise the Elections Committee of any Senatorial vacancy and shall request that the committee conduct a special election to fill such vacancy. SECTION 3 - CHAIR-ELECT The Chair-elect shall assume the office of Chair when the Chair’s term expires or in the event of the Chair’s resignation or removal from office. If the Chair resigns or is removed, the Senate shall elect a new Chair-elect to fill the unexpired term of office. The Chair-elect shall represent the Senate on appropriate University committees. The Chair may delegate to the Chair-elect such other duties as the Chair may prescribe. The Chair-elect shall preside at the meetings of the Senate in the absence of the Chair. SECTION 4 - SECRETARY The Secretary shall keep minutes and records of all the proceedings of the Senate. The Secretary shall regularly report the Senate’s activities by distributing promptly the minutes of each meeting of the Senate to the faculty, officers of the Student Government Association, administrators, and trustees. These minutes shall include a roll of those Senators present and absent. The Secretary shall represent the Senate on appropriate University committees. SECTION 5 - REMOVAL OF SENATE OFFICERS Any officer may be removed from office upon a two-thirds majority vote of the Senate. A vote shall not be taken unless a petition signed by 25 percent of the Senators has been filed with one of the officers of the Faculty Senate and attached to the agenda for the meeting at which the vote shall be taken. If an office is vacated by Page | 12 recall, resignation, or other cause, the voting faculty shall elect at its next meeting a successor for the unexpired term. SECTION 6 - COMMITTEES OF THE FACULTY SENATE The Faculty Senate may establish such standing and ad hoc committees as it deems appropriate. The Senate officers shall nominate and the Senate shall appoint the members of each standing or ad hoc committee prior to adjournment of the final Senate meeting of the spring semester. Senators whose Senate terms have not expired shall continue their committee duties for the succeeding year, or until reassigned. The Chair, Chair-elect, and Secretary shall constitute the Agenda Committee. SECTION 7 - MEETINGS The Faculty Senate shall conduct regularly scheduled meetings at least monthly during the fall and spring semesters of the academic year. The Chair of the Faculty Senate may call a meeting of the Faculty Senate if necessary. A meeting of the Faculty Senate must be called upon the receipt of a petition to the Chair of the Faculty Senate signed by at least 25 percent of the members of the Faculty Senate. No business shall be transacted unless a quorum is present and continues to be present at any meeting. A majority of the elected Senators constitutes a quorum. In the absence of a quorum, the Chair may only make announcements of an informative nature, rule on the existence of a quorum, and recess once for a short period to attempt to secure a quorum. SECTION 8 - VACANCY OF A SENATORIAL POSITION A senate seat shall be declared vacant following three absences from regularly scheduled meetings without reasonable cause during a Senator’s term of office. The responsibility of reporting cause lies with the Senator. Reasonable cause may be defined as absence due to other University or professional duties or business, illness, or pressing personal matters. The Chair of the Senate shall have the authority to rule on the validity of the cause of absence. The Senator affected may appeal the ruling to the Senate, which may overrule the Chair by a simple majority. If a Senator is absent or anticipates being absent from all regularly scheduled meetings for more than three consecutive months even with reasonable cause, the seat shall nevertheless be declared vacant. SECTION 9 - AGENDA AND PROCEDURE The Agenda Committee shall prepare an agenda for each regularly scheduled meeting and shall distribute it to each Senator, the President and vice presidents of the University, and the officers of the Board of Trustees at least five working days preceding the meeting. Agendas for special meetings shall be distributed as expeditiously as possible. Each divisional Senator shall immediately publish the agenda within his or her school or division. The Agenda Committee may allot a time period for agenda items. The duration of discussion of such items at the meeting shall be so restricted unless altered by a majority vote of the Senate. Any student, faculty member, staff member, or member of the Board of Trustees may bring a matter of University concern to the attention of the Faculty Senate by Page | 13 communicating in writing with the Chair of the Faculty Senate. The Agenda Committee shall make an appropriate announcement of the matter either in writing attached to the agenda or by placing the matter on the agenda; however, only a Senator can introduce a motion to be voted upon by the Senate. A procedural motion may be introduced by a Senator and disposed of at that meeting. A substantive (main) motion may be introduced by filing the motion with the Chair in time for it to be attached to the agenda for the impending meeting. If the motion does not involve a matter of significant academic import or a policy recommendation then it may be voted upon at that meeting. However, if it does involve a matter of significant academic import or a policy recommendation, and unless waived by the passage of a motion to suspend the rules, the motion shall be attached to the agenda of the meeting at which it is being introduced, will be offered for a short explanation, inquiry, and debate at such meeting, and shall be committed by the Chair at the close of debate to an appropriate committee for study, report, and recommendation. The motion and the committee’s report and recommendation shall be attached to the agenda for the following meeting and no vote shall be taken by the Faculty Senate before such meeting. Any Senator may move to call to the floor any item or subject that is not on the agenda, but such non-agenda items or subjects shall not be discussed or considered unless the Faculty Senate by a majority vote shall amend the agenda. The Chair may permit any person the privilege of the floor unless the Senate by majority vote should withdraw the privilege. SECTION 10 - AMENDMENT PROCEDURE A motion to amend these bylaws shall be introduced by filing it with the Chair of the Faculty Senate in time for it to be attached to the agenda for the impending meeting. Upon a majority affirmative vote of the Senate, a majority affirmative vote of the voting faculty, and approval of the President of the University and the Board of Trustees, these bylaws shall be amended. Adopted by: The Governance Review Committee on February 16, 1993 The Faculty of Lander University on March 17, 1993 The Board of Trustees on April 14, 1993 Page | 14 IIc. Faculty Senate Committees ACADEMIC FREEDOM, GRIEVANCE AND DUE PROCESS COMMITTEE MEMBERSHIP The Academic Freedom, Grievance, and Due Process Committee will consist of three tenured faculty members. For each case, the Senate will elect from among its tenured members the Chair of the Committee; the Chair of the Senate, in consultation with the Chair of the Committee, will then appoint two other tenured faculty members to the Committee for that case. The Committee members will all be outside the discipline involved. Each party to the complaint may challenge one of the Committee members without cause and may challenge in writing one of the remaining two with cause. The Officers of the Senate will determine the validity of the cause. In such cases, the Officers of the Senate will appoint a replacement. FUNCTION The Committee's procedures provide an orderly process whereby any faculty member who believes that he or she has been treated unfairly may seek prompt and objective review. DELINEATION OF COMPLAINTS Matters concerning professional decisions which may be petitioned up to the President, include but are not limited to the following actions: a. Improper or unfair implementation of Unit, College, , or University policies or procedures b. Improper or unfair application of recognized criteria or guidelines used in formal review processes by persons authorized to conduct such reviews c. Improper or unfair denial of the complainant's access to Unit, College, or University resources d. Improper or unfair implementation of the tenure process. DELINEATION OF GRIEVANCES Matters concerning professional decisions which may be grieved up to the Lander University Board of Trustees (in accordance with Section 8-17-380 of the S.C. Code of Laws) are limited to the following four actions: a. Discrimination in the assignment of professional duties by an administrator b. Discrimination in the determination of the complainant's salary increment(s) or compensation c. Discrimination in the decisions regarding promotion d. Dismissal from a tenured or permanent position and dismissal before the end of an employment contract for cause. Decisions involving the granting of tenure or non-renewal of employment contracts shall not be subjects for consideration by this Grievance Procedure. PROCEDURES A. The faculty member will first meet with the appropriate Unit Head for an informal discussion of the matter (in the event that the matter involves a Unit Head, the faculty member may choose to meet with the Vice President for Academic Affairs). This discussion must take place within 60 days (in this document, 'days' refers to calendar Page | 15 days, excluding spring break, winter break, and summer) of the matter's occurrence. All parties involved will meet in good faith and will make every attempt to resolve the matter in an equitable and professional manner. B. If the matter is not resolved at this level, then in order to pursue the matter, the faculty member must request mediation. This request must be made in writing to the Chair of the Faculty Senate within 15 days of the discussion of the matter with the Unit Head. The Chair of the Faculty Senate will forward this request to the Faculty Mediator and will notify the Vice President for Academic Affairs of this action. (The Faculty Mediator will be the immediate past Chair of the Faculty Senate. In the event that this is not possible, or if the Faculty Senate Officers determine that it poses a conflict of interest, then the Faculty Senate Officers will choose from among all previous Faculty Senate Chairs a Mediator for that case). The Mediator will assist the parties in resolving the matter in an equitable and professional manner. In order to do so, the Mediator will have access to all materials relevant to the matter. It is expected that the matter will be resolved at this level. Only under extraordinary circumstances should it become necessary to proceed to the next level. If the matter cannot be resolved by mediation within a reasonable period of time, then the Faculty Mediator will so state in writing to the Chair of the Faculty Senate, the Vice President for Academic Affairs, and all involved parties. C. If the matter has not been resolved by mediation, then in order to pursue the matter, the faculty member must request in writing to the Chair of the Faculty Senate (with copies to the Vice President for Academic Affairs and all involved parties) that an Academic Freedom, Grievance, and Due Process Committee be formed to hear this case. This is an action that should be taken only after careful consideration and must not be initiated frivolously. This referral must be in writing and must be received by the Committee within 30 days of the Mediator's statement of non-resolution. The Committee will meet within 15 days (or as soon thereafter as possible)after receiving the referral and will begin review of the matter no later than 30 days (or as soon thereafter as possible) after its receipt. The Committee will conduct an expeditious review of the matter, requesting additional information, as necessary The Committee will conduct a hearing with the parties involved. Each party to the matter will have the right to representation at the hearing personally and/or through counsel and the opportunity to present evidence in his/her behalf. A transcript of the hearing will be prepared and will be maintained by the Committee. Within 15 days of the preparation of the written record of the hearing, the Committee will submit its findings and recommendations to the President, along with a copy of the written record of the hearing. Simultaneously, the Committee will forward a copy of the Committee’s findings and recommendations to the Vice President for Academic Affairs and all involved parties. D. After conferring with the Vice President for Academic Affairs, the President will render a decision no later than 30 days after receipt of the Committee's recommendation. The decision of the President will be transmitted in writing to the faculty member, the members of the Academic Freedom, Grievance, and Due Process Committee, the Vice President for Academic Affairs, and all other parties directly concerned. The President’s decision is final, except if the matter is appealable to the Board of Trustees. The Page | 16 President may, upon written receipt of justifiable reasons, grant an extension at any step of the process prior to an appeal to the Board of Trustees. E. The President's decision on grievances may be appealed to the Board of Trustees (through the Chair of the Board). Such an appeal must be made within 30 days of the President’s decision. The Board of Trustees will receive no new evidence, and such appeal is limited to the record of the Committee hearing. The Board’s decision will be final. F. The above time frames should be followed by all parties involved. AGENDA COMMITTEE MEMBERSHIP The Agenda Committee will consist of the Senate Chair, Chair-elect, and Secretary. FUNCTION The Agenda Committee will prepare an agenda for each regularly scheduled meeting. The Agenda Committee shall make all necessary changes in the text of the Faculty Handbook by revising the on-line version as changes are approved; the Committee shall monitor the Faculty Handbook and recommend to the Faculty Senate revisions for clarity, consistency and precision. PROCEDURE At least five working days preceding a meeting of the Senate, the Agenda Committee will distribute the agenda to each Senator, to the President and Vice Presidents of the University, and to the Officers of the Board of Trustees. Agendas for special meetings will be distributed as expeditiously as possible. The Agenda Committee may allot a time period for agenda items. BUDGET ADVISORY COMMITTEE MEMBERSHIP Three voting members of the Faculty Senate. Other faculty members or Senators may be invited to participate in the Committee as there is need or as interest and expertise in a particular task warrants. FUNCTION Activities of the Budget Advisory Committee will include but are not limited to 1. Promoting Faculty understanding of budgetary issues, 2. Providing a forum for discussion of faculty perceptions of budgetary needs and issues, 3. Providing a means for presenting faculty concerns about budgetary matters to the Administration and to the Board of Trustees of the University, 4. Reviewing the annual University Budget and the Financial Reports sent to the Board of Trustees in order to i. inform the faculty in a timely manner of perceived changes in priorities, allocations, or income; ii. provide a faculty perspective on budgetary priorities to the Administration and to the Board of Trustees of the University, Page | 17 5. Drafting recommendations to the Faculty Senate regarding budgetary policies that affect faculty members and academic programs, e.g. summer school pay, overload pay, adjunct faculty salaries, merit raises, etc. PROCEDURE The Committee will meet as often as deemed necessary by the Chair, but at least once every semester (i.e. after the Board of Trustees meetings in September and in March). All recommendations of the Budget Advisory Committee will be submitted to the Faculty Senate for approval. CURRICULUM COMMITTEE MEMBERSHIP The Curriculum Committee will consist of the Vice President for Academic Affairs (or designee), the President of the Student Government Association (or designee), and a representative from the Graduate Programs Committee as non-voting members and at least four other Senators who will be voting members. The Vice President for Academic Affairs, the President of the Student Government Association and the representative from the Graduate Programs Committee may not serve as the Committee Chair. The Chair will be elected from the eligible Committee members at the first Committee meeting of the academic year. The Registrar will serve as consultant to the Committee. FUNCTIONS The function of the Curriculum Committee is to recommend action on undergraduate and graduate proposals (activations, deactivations and modifications), changes in the present undergraduate and graduate curriculum, and changes in the undergraduate and graduate academic contents of the undergraduate and graduate catalogs. All votes will be reflected in the minutes of each meeting. Any recommendations affecting general education must be recorded in the minutes. PROCEDURE The Committee will meet as often as is deemed necessary by the Chair, but at least once per semester. A copy of the materials to be reviewed by the Committee will be sent to all members and consultants of the Committee. All recommendations and votes will be reflected in the minutes. The minutes of the Curriculum Committee's meetings will be attached to the agenda for the next Faculty Senate meeting. When the minutes of that particular Faculty Senate meeting are approved, nonpolicy actions take effect. Motions to change policy evolving from the Curriculum Committee will be sent to the Faculty Senate separately with the recommended approval or disapproval from the Committee and must be approved through normal Faculty Senate Procedures. Approved by General Education Committee 3/19/2015 Approved by Curriculum Committee 4/16/2015 Approved by Faculty Senate 4/20/2015 ELECTIONS COMMITTEE MEMBERSHIP Page | 18 The Elections Committee of the Faculty Senate will consist of the Chair-Elect of the Faculty Senate and two other voting Senators nominated by the Officers of the Senate and appointed by the Senate. FUNCTIONS In accordance with the procedures given in the Constitution and the Bylaws of the Lander University Faculty Senate, the Elections Committee will perform the following functions: a. Conduct all regular and special elections to the Senate b. Schedule a formal recall vote if requested by a petition signed by at least 50 percent of a Senator's constituents c. Conduct elections of faculty members to University standing committees if the President deems that committee members are to be elected rather than appointed. PROCEDURE The Elections Committee will prepare and publish a slate of all eligible and willing nominees for the University Tenure and Promotion Committee. Candidates for the Tenure and Promotion Committee will be nominated each spring at a faculty meeting at least two weeks prior to the regular election of Faculty Senators; the slate will be published at least one week prior to the election. The Chair of the Faculty Senate will notify the Elections Committee when there is need for an election, regular or special. Regular elections will be held each spring. Special elections will be held when a Senate seat becomes vacant. The Officers of the Senate will determine the existence of a vacancy. All elections will be conducted according to the procedures outlined in the Constitution and Bylaws of the Faculty Senate. Nominations for and elections to the Faculty Senate and the University Tenure and Promotion Committee may be made and conducted on-line. A majority of all faculty eligible to vote must participate to constitute a quorum. FACULTY GRANTS COMMITTEE MEMBERSHIP The Faculty Grants Committee will consist of three Senators and the Vice President for Academic Affairs. The Vice President for Academic Affairs will serve as a non-voting, exofficio member. FUNCTION The function of the Faculty Grants Committee is to review and recommend funding for faculty in-house grant applications. The funding sources are the University Fund and the Lander Foundation Fund. PROCEDURES At its first yearly meeting the Faculty Grants Committee will a. elect a Chair from among the three voting Senators to serve for the academic year b. set up meeting dates to correspond with grant application deadlines c. arrange to have the applications ranked before each scheduled meeting In the application review process, all guidelines established in the preceding year will be consistently followed. With the regular minutes of its meetings, the Committee will submit the names and activities of all faculty members who receive recommendations of support for their applications. Page | 19 After the last application review process, the Committee will meet to recommend adding, deleting, or altering guidelines for the next year. The recommendations will be submitted to the Faculty Senate. The Chair will be responsible for maintaining a file of minutes and of application recommendations made during the academic year. The file will (a) act as a reference guide for subsequent committee members, (b) ensure that recommendations made on grant applications maintain some degree of consistency. FINE ARTS AND LECTURESHIP (FALS) COMMITTEE MEMBERSHIP The FALS Committee will consist of four Senators (one from each college) and a representative from the Office of Academic Affairs (who will be appointed by the Vice President of Academic Affairs). The Chair of the Committee will be elected from its members during its first meeting of the academic year. FUNCTIONS The FALS Committee will review proposed events and will determine which events meet the requirements for Fine Arts and Lectureship credit. This Committee will also recommend changes in the Fine Arts Lectureship policy to the Faculty Senate. PROCEDURE Faculty sponsors who are seeking approval for a FALS event will complete an on-line application form which will be sent directly to the Chair of the committee. The Chair will forward an electronic copy of the application to all committee members. Within two Lander academic calendar days of receipt of a form, the other four members of the Committee will notify the Chair whether the event is acceptable. All five members of the Committee will vote. A decision to approve or to deny an application requires three votes. The Chair will forward the final decision of approval or denial and a copy of the application form to the Office of Academic Affairs. FALS Credit Approval Procedure for Summer Period Prior to start of the summer, both the students submitting materials for FALS credit approval and the staff/faculty members submitting for FALS event approval are to submit by no later than May 15th. During the summer period (when all faculty members serving on the FALS committee are not contracted), if students and/or faculty/staff members need to submit applications for approval that must take place during the summer time, the vice president of academic affairs will undertake the FALS approval duty. GENERAL COMMITTEES MEMBERSHIP Each of the General Committees of the Faculty Senate will consist of at least three Senators. All will be voting members. Additional ex-officio members may be asked to serve on each Committee as specific issues are addressed in Committee. The Chair of each Committee will be elected from among its members at its first Committee meeting of the year. FUNCTIONS The function of each of the General Committees is to address issues/tasks directed to the respective committee by the Chair of the Faculty Senate. Generally, these are issues/tasks that have no definite committee within the structure of the Faculty Senate. All actions and Page | 20 votes will be reflected in the minutes of each meeting. Any action affecting Lander University policy must be recorded in the minutes. PROCEDURES Each Committee will meet as often as is deemed necessary by the respective Chair. All actions and votes will be reflected in the minutes. The minutes of each Committee's meetings will be attached to the agenda for the next Faculty Senate meeting. When the minutes of that particular Faculty Senate meeting are approved, non-policy actions take effect. Motions to change policy evolving from the respective Committees will be sent to the Faculty Senate separately with the recommended approval or disapproval from the Committee and must be approved through normal Faculty Senate procedure. THE GRADE AND JUDICIAL APPEALS COMMITTEE MEMBERSHIP The Grade and Judicial Appeals Committee will consist of a faculty member who will serve as Chair and is selected from and by the Faculty Senate, three other faculty members selected by the Faculty Senate, and a student representative. The student member and an alternate student member will be nominated by the President of the Student Government Association in consultation with the advisor to the Student Government Association. If neither the student representative nor the alternate can attend a meeting, the Student Government Association president will substitute for him/her. The membership will be subject to approval by the President of the University. Prior to the end of each spring semester, the Faculty Senate will recommend the faculty membership to the President, and members will serve for one calendar year, beginning May 16 and extending through May 15 of the following year. In addition, at this time alternates will be chosen to be in line to take a member’s place in case of unavoidable absence during the academic year or during the summer. If a faculty member whose grade is being appealed is not available or is no longer on the Lander University faculty or in case of a conflict of interest, the Unit Head will represent the faculty member. If an appeal involves a member of the committee or a committee member’s Unit Head , one of the alternates will be asked to serve in his/her place. Members of the committee will observe strict professional confidentiality concerning all committee business. The committee will uphold the University policy on confidentiality of student information. All other participants in the process will sign a confidentiality agreement. FUNCTIONS The committee will hear the following types of appeals: 1. grade appeals not resolved at the level of the academic unit 2. judicial appeals not resolved by the Student Life Council, the Honor Council, and the Vice President for Student Affairs 3. appeals related to regulations for academic honors at graduation. The committee may affirm previous decisions, or it may recommend review and consideration of revisions. PROCEDURES The committee will meet as necessary and as called by the Chair. The following procedures govern the work of the committee. Page | 21 Grade Appeals: Appeals for a grade change may not be made after one calendar year from the date the grade was given. No grade appeal may be initiated after a student has graduated. The committee cannot hear cases that involve charges of academic dishonesty unless the academic Honor Council has already ruled on the situation. Hearings for grade appeals will not be conducted after the last day of classes of each semester unless a student has a compelling reason for being heard during the examination period. The committee will not hear an appeal when the University is on official break. Official break is defined as Christmas and Spring breaks, the days between graduation and the beginning of Summer School I, and the days between the end of Summer School II and the beginning of the fall semester. A student wishing to consider appealing a grade must meet with the Chair of the Grade and Judicial Appeals Committee for an explanation of the procedure, including requirements for completing the Grade Appeal From. During this meeting the Chair will listen to the student’s explanation and advise the student to consider carefully whether an appeal seems appropriate. If the Chair wishes, he/she may contact the faculty member involved in order to seek further information before the student proceeds. If the student chooses to continue the process, the Chair will explain that the hearing is not an effort on the part of the University to replicate in any way judicial proceedings in the spirit or sense of a formal court of law. The hearing simply provides a University forum for appropriate and fair-minded discussions and deliberations. In that spirit, neither the University nor the student may be accompanied by legal counsel. The student may, however, be accompanied by an on-campus advisor for support. Should the student be accompanied by an on-campus support person, the support person is not allowed to participate directly in any discussion but may discreetly confer only with the student during the course of the hearing. The Chair will then explain the phases of the appeal process. First Phase of Appeal Procedure 1. The student will then attempt to resolve the issue by consulting with the faculty member. If the issue is not resolved at this meeting and the student wishes to proceed, the faculty member will sign the Grade Appeal Form; this signature indicates that the student has attempted to resolve the matter at this level. The student must also sign the Grade Appeal Form to verify discussion with the faculty member. 2. The student will then consult with the appropriate academic Unit Head to attempt a resolution. If the instructor whose grade is being appealed is the Unit Head , the student will consult with the Vice President for Academic Affairs. If the issue is not resolved at this meeting and the student wishes to proceed with his/her appeal, the Unit Head or Vice President for Academic Affairs will sign the Grade Appeal Form. This signature indicates that the student has attempted to Page | 22 resolve the matter at this level. The student must also sign the Grade Appeal Form to verify discussion with the Unit Head or Vice President for Academic Affairs. Second Phase of the Procedure At this point the student may continue the formal grade appeal process by submitting to the Chair of the Grade and Judicial Appeals Committee the following items: a. a completed Grade Appeal Form signed as specified above under "First Phase of Appeal Process" b. a letter explaining the basis for the grade appeal c. if applicable, supporting documents and a list of any other evidence to be presented. Third Phase of the Procedure Upon receipt of the required documents, the committee Chair will promptly inform the faculty member, the appropriate Unit Head, the student's advisor, and the Vice President for Academic Affairs. The committee Chair will also make available to the faculty member a copy of the items listed above under "Second Phase of the Procedure." Fourth Phase of the Process 1. The committee will conduct a hearing within fourteen workdays of receipt of the Grade Appeal Form. If necessary, the committee may seek additional information and advice from individuals directly involved in the case. 2. The committee hearing will focus on the issue at hand. The student's argument at the hearing will be limited to statements from the student and the evidence outlined in the required documents listed in Phase 2 of the Process (above). A student's grades from another course and an earlier time should not be introduced unless they have a bearing on the matter at hand. 3. Within five workdays after the hearing, the committee Chair will notify the student, the faculty member, the appropriate Unit Head, the advisor, and the Vice President for Academic Affairs of the committee's findings and recommendation(s). Fifth Phase of the Process 1. Should the Grade and Judicial Appeals Committee recommend that a grade be changed, the committee will provide the instructor with a written explanation of its reason and will request that the instructor make the change. Should the instructor decline, he or she will inform the committee and provide an explanation for refusing within five workdays of receiving the request for a change. 2. Within three workdays of receiving notice of an instructor's refusal to change a grade as recommended, the Grade and Judicial Appeals Committee will review its recommendation in the light of the explanation provided by the instructor. If the committee still concludes that it would be unjust to allow the original grade to stand, the Chair of the committee will, in consultation with the instructor's Unit Head or the Vice President for academic Affairs if the instructor is the Unit Head , appoint two faculty members from the instructor's discipline or a closely related discipline to a Review Committee. Page | 23 a. The instructor's Department Chair shall not serve on the Review Committee. b. The Chair of the Grade and Judicial Appeals Committee shall serve as the third member and as Chair of the Review Committee. c. The Review Committee shall meet within seven workdays of receiving the case. It will consider only whether particular intellectual and pedagogical characteristics of the discipline would require that the original grade be maintained as just. It will base its deliberations only on the written record of the case. 3. The Review Committee may either uphold or dissent from the decision of the Grade and Judicial Appeals Committee. a. Should the Review Committee, by majority vote, uphold the decision of the Grade and Judicial Appeals Committee, the Chair will recommend in writing to the instructor's immediate administrative superior that the grade be changed, with copies of the recommendation sent to the Vice President for Academic Affairs, the student, and the instructor. That administrative superior may then change the grade, notifying the Vice President for Academic Affairs, the Chair of the committee, the instructor and the student of whatever action he or she takes on the recommendation. b. Should the Review Committee, by majority vote, dissent from the decision of the Grade and Judicial Appeals Committee in support of the instructor, it will provide a detailed rationale to the Grade and Judicial Appeals Committee, which may then rescind or reaffirm its decision. (1) Should the committee rescind in support of the instructor, the Vice President for Academic Affairs, the instructor, and the student will be informed in writing of the recommendation that the original grade stand. (2) Should the committee reaffirm its original decision to recommend changing the grade, the Chair will recommend that the instructor's administrative superior may proceed with the grade change. The administrative superior does not have to change the grade if he/she agrees with the instructor. The vice president for Academic Affairs, the instructor, and the student will be informed of the committee's recommendation that the grade be changed. 4. The Grade and Judicial Appeals Committee will then hear no further appeals from either side. Judicial Appeals: In the Student Handbook, the Appeals section of the "Lander University Academic Honor Code" states: "If the student is found guilty by a hearing of the honor council and he/she elects to appeal the decision, the appeal must be made to the faculty senate of the university [through the Grade and Judicial Appeals Committee] within five calendar days of the honor council hearing." According to the Handbook, "The decision and judgment of the faculty senate will be binding. No further appeal will be available." This committee acts on all such appeals on behalf of the Faculty Senate. A student may appeal according to the following procedure: Page | 24 1. The student will submit to the Vice President for Student Affairs a letter explaining the reason(s) for appealing the Honor Council's decision. 2. The Vice President of Student Affairs will notify the Chair of the Grade and Judicial Appeals Committee that the student is appealing the Honor Council's decision and will Provide the following items for the committee: 1. the student's letter of explanation 2. the case file 3. the recording of the hearing made by the Honor Council 3. Upon receipt of these items, the committee Chair will promptly call a meeting of the committee to review the appeal. The committee may seek additional information and advice. 4. The committee will proceed according to the following sequence The Chair assures that appropriate committee members are present. In executive session, the Chair reviews the role of the committee and the basic process to be followed. The committee members then review the items submitted by the student (see #1-2 above). The Chair presides over the Committee during its deliberations. The final decision of the Committee is based on a motion, second, and simple majority vote. 5. Within five workdays after the meeting, the committee Chair will notify the student, the Vice President, for Student Affairs, the Vice President of Academic Affairs, the appropriate judicial body, and all other involved parties of the committee's recommendation(s). Appeals Related to Academic Honors and Other Graduation Awards: The Lander University Catalog explains the current policy on academic honors at graduation: "To be eligible for academic honors at graduation, a student must have completed at least 60 semester hours of undergraduate work in residence (which excludes CLEP and other credit earned by exam) at Lander University." A student may petition this policy or other honors policies according to the following procedure: 1. Students must submit the following items to the Chair of the Grade and Judicial Appeals Committee: : a. a letter explaining his/her reason(s) for requesting consideration of an exception to the policy stated in the Catalog b. a complete, official transcript. 2. The student must submit this material to the Chair of the committee at least one month before the last day of classes of the semester during which he/she intends to graduate. 3. Upon receipt of the required documents, the Chair will call a committee meeting to consider the student's request and evidence. 4. The Chair of the committee will notify the student, and the Dean of Enrollment Services. SURVEY COMMITTEE MEMBERSHIP Three members with at least two members from faculty senate. FUNCTION Page | 25 This committee will be charged with preparing and administering faculty surveys including the yearly evaluations of the Unit Heads, the Deans of the Colleges, the VPAA, and the President. PROCEDURES This committee will meet at least once each spring term. The current administrative surveys will be administered to each faculty member; these may be in the form of an electronic survey. Surveys will be conducted anonymously, and responses will remain confidential. Each Unit Head will have his/her survey results sent to the Dean of his/her College. The Deans’ survey results are sent to the VPAA. The VPAA’s survey results are sent to President. The President’s survey results are sent to the Chair of the Board of Trustees. When the occasion arises for other faculty surveys, this committee will administer them. Page | 26 III. Procedures for Conducting Lander University Faculty Meetings MEETINGS OF THE FACULTY: A. There will be two types of regularly scheduled faculty meetings. Business meetings of the faculty will be held once at the beginning of the fall semester and twice at the end of the spring semester (normally once in March and once in April). Faculty members are expected to attend the scheduled business meetings of the faculty. The agenda will normally include the following order of business: Call to Order; Approval of Minutes; Old Business; New Business; Reports; Announcements; and Adjournment. Any new or old business that entails nominations or voting should be moved ahead of business that does not. Informational meetings of the faculty will be held monthly during the academic year and will not normally be held during the months that the business meetings are held. Attendance at the informational meetings is optional. The agenda will normally include the following order of business: Call to Order; Approval of Minutes; Reports; Announcements; and Adjournment. The President (or the president’s designee) serves as the presiding officer at all faculty meetings. The President or the Faculty Senate may call a special meeting of the faculty or may change an informational meeting to a business meeting. A special meeting may also be called by at least ten percent of the full-time faculty who submit a written request to that effect to the President. The faculty, in its meetings, is organized as a committee as a whole and follows the procedures established in Robert's Rules of Order. B. A quorum shall consist of a majority of those persons identified in the Lander University Faculty Senate Constitution as voting faculty members. Only such persons are eligible to vote at faculty meetings. Other persons may be permitted the privilege of the floor, unless the faculty by majority vote should withdraw the privilege. C. Faculty members with bona fide reasons who must be absent from faculty meetings at which a scheduled vote will be taken may obtain an absentee ballot from the Elections Committee, mark it, and return the ballot to the committee for submission at the time of voting. Determination of what constitutes a bona fide reason will be made by the Elections Committee. D. The voting faculty shall consider recommendations from the Faculty Senate, and shall vote without amendment to ratify, to reject, or to remand to the Senate such recommendations. The motion to remand a proposal to the Faculty Senate must include a brief statement of the reason for which remanding is proposed. It will require a second and shall not be debatable. E. Policy and procedural recommendations from the Faculty Senate shall be voted on at faculty meetings. On-line voting is limited to nominations for and elections to the Faculty Senate and the University Tenure and Promotion Committee. Page | 27 IV. Faculty Employment, Procedures & Regulations (Effective March 27, 2007) 1. Types of Employment. 1.1. Regular. Employment is on a nine-month or a twelve-month basis. Compensation is semi-monthly. The first regular pay period falls on or about August 31. For nine-month appointments, the last regular pay period falls on or about May 15. The President, Vice President for Academic Affairs, the Deans and librarians are on twelve-month contracts. The workload for these employees is 37 1/2 hours per week as defined by the State. 1.1.1. Faculty Workload. Each faculty member’s workload consists of teaching, scholarship and service, with the ratio among the three components varying, depending upon the University’s needs. Faculty workloads shall be consistent with the university’s mission as a teaching institution. The ratio is normally 60% teaching, 20% scholarship, and 20% service. For faculty librarians, the workload consists of librarianship and service. The ratio between the two is normally 80% librarianship and 20% service. 1.1.2. Faculty Teaching Load. Teaching loads for nine-month faculty members are determined from two factors: Credit hour production (CHP) and Contact Hours. A contact hour is defined as one hour of classroom teaching. Teaching loads for each faculty member are determined by the College Dean. CHP requirements for each College/School are set annually by the Vice President for Academic Affairs in consultation with each dean. Although twelve contact hours per semester is the standard teaching load, contact hour loads may vary from nine (9) to fifteen (15) contact hours. In order to be available to meet and advise students, the Deans shall establish office hour policies with their faculty members. Faculty members will not receive compensation for tutoring students in any course for which they are empowered to grant credit or over which they have any authority. Faculty members who must be absent from their classes or from attendance at obligatory University functions for causes other than sickness will submit a request to be absent from campus to the appropriate Unit Head for approval. 1.2. Part-Time. Employment is on a semester basis, and the extent of the duties and responsibilities is limited. Page | 28 1.3. Summer. Summer appointments are not included in the regular academic year contract. Compensation for summer school employment is established by the President in consultation with the Faculty Senate. Appointments are made in early spring following completion of the summer school schedule. Every effort is made to provide a summer appointment for those faculty members who wish it. However, such appointments are not assured, nor are faculty members required to teach in the summer. Each College / School establishes its policy for summer appointments. According to the State Human Resources Regulations Manual faculty may earn a maximum of forty percent (40 %) of their annualized salary during the summer. 1.4. Employment Outside of the University. Before accepting additional employment outside the University, a Lander University faculty member holding a full-time appointment is required to obtain written permission from the Vice President for Academic Affairs or from the President. If such employment is to be performed during a contract period, the faculty member must complete the Request for Permission to Accept Outside Employment Form. The form must be approved by the Vice President for Academic Affairs. Such approval must be renewed at the beginning of each academic year and is subject to existing State policies. 2. Faculty Appointments. 2.1. General Conditions for Appointment. The conditions of every appointment to the Lander faculty will be stated in a written contract. The contract will specify the type of appointment, rank, salary, degree status (including a statement whether or not the appointee holds the earned terminal degree in the discipline), duties, credit toward tenure/promotion, and the earliest dates for consideration for tenure and promotion. Three years of credit is the maximum allowed toward tenure/promotion. The contract will be signed by the President of Lander University or the Vice President for Academic Affairs and the faculty member, with a copy of the contract being given to the faculty member and Dean. Any subsequent extensions or modifications of an existing contract must be made in writing. Lander University adheres to academic credential requirements for faculty appointments as established in The Principles of Accreditation by the University’s accrediting agency, the Southern Association of Colleges and Schools Commission on Colleges. The guidelines are as follows: “Faculty teaching general education courses at the undergraduate level: doctor’s or master’s degree in the teaching discipline or Page | 29 master’s degree with a concentration in the teaching discipline (a minimum of 18 graduate semester hours in the teaching discipline).” “Faculty teaching baccalaureate courses: doctor’s or master’s degree with a concentration in the teaching discipline (minimum of 18 graduate semester hours in the teaching discipline). At least 25 percent of the discipline course hours in each undergraduate major are taught by faculty members holding the terminal degree, usually the earned doctorate, in the discipline.” “Faculty teaching graduate and post-baccalaureate course work: earned doctorate/terminal degree in the teaching discipline or a related discipline.” 2.2. How Faculty Rank is Established at the Time of Initial Appointment. 2.2.1. Laboratory Instructor / Clinical Instructor To be appointed at the rank of Laboratory Instructor or Clinical Instructor, the candidate must either a. hold the master’s degree in the discipline, or b. hold the bachelor’s degree with relevant experience. Laboratory Instructors and Clinical Instructors do not serve as faculty-ofrecord nor submit student grades, are exempt from performance requirements in academic research, and are ineligible for tenure and promotion. 2.2.2. Lecturer. To be appointed at the rank of Lecturer, the candidate must either a. Hold the master’s degree in the discipline without prior teaching experience, or b. Have completed all course work toward the terminal degree in the discipline without prior teaching experience. 2.2.3. Assistant Professor. To be appointed at the rank of Assistant Professor the candidate must either a. Hold the earned terminal degree in the discipline with little or no teaching experience; or b. Hold the master’s degree in the discipline with at least one year of full-time teaching experience at the collegiate level; or c. Hold the master’s degree in the discipline with relevant experience. 2.2.4. Associate Professor. To be appointed at the rank of Associate Professor the candidate must Page | 30 a. Hold the earned terminal degree in the discipline with significant teaching experience; or b. Hold at least the master’s degree in the discipline with relevant experience; or c. Have held the rank of Associate Professor at a regionally accredited university or college. 2.2.5. Professor. Appointment at the rank of Professor will be made by the President or the Board of Trustees in consultation with the Chair of the Faculty Senate, the tenured faculty members from the College/School to which the appointment is being made, and the Vice President for Academic Affairs. 2.2.6 Library Faculty 2.2.6.1. Assistant Librarian. To be appointed at the rank of Assistant Librarian, the candidate must hold an earned graduate degree from a program accredited by the American Library Association, and have little or no experience as a professional librarian. 2.2.6.2. Associate Librarian. To be appointed at the rank of Associate Librarian, the candidate must a. Hold an earned graduate degree from a program accredited by the American Library Association, and have significant experience as a professional librarian or b. Have held the rank of Associate Librarian or its equivalent at a regionally accredited university or college. 2.2.6.3. Librarian. Appointment at the rank of Librarian will be made by the President or the Board of Trustees in consultation with the Chair of the Faculty Senate, the Director of Library Services, and the Vice President for Academic Affairs. 2.3. Non-Tenure-Track Appointments. 2.3.1. Adjunct Appointments. The prefix “adjunct” in a title is used for faculty members whose primary employment may be other than at Lander University. This title is conferred upon the recommendation of the Dean to the Vice President for Academic Affairs and with the approval of the President. Adjunct appointments are for a period of one year or less. Reappointment is at the discretion of the University and successive reappointments do not confer tenure or other continuing employment status. Faculty members with adjunct appointments are non-voting faculty members. Page | 31 2.3.2. Part-Time Appointments. Part-time appointments originate in the College/Library and are approved according to University policy. These appointments are made for limited service to the University and are normally issued on a semester-by-semester basis. Part-time faculty members must be available to assist students at times clearly specified in their course syllabi. Part-time library faculty must be available to assist students at times determined by the Director in consultation with the library faculty member. Reappointment is at the discretion of the University. Successive reappointments do not confer tenure or other continuing employment status. Faculty members with part-time appointments are non-voting faculty members. 2.3.3. Continuing Non-Tenure-Track Appointments. These are renewable contracts unless so described in the faculty member’s contract. Reappointment is at the discretion of the University. Successive reappointments do not confer tenure or other continuing employment status. 2.3.3.1 Teaching Faculty The number of continuing non-tenure-track faculty in a department should not exceed twenty percent of the full-time faculty. The primary responsibilities of these appointees are teaching, advising, and university service. In order to be considered for promotion, these appointees are expected to meet the professional development criteria established by the University and their respective College and department. These appointees are evaluated annually for reappointment under the same guidelines governing tenure-track faculty. The criteria for reappointment may be different from tenure-track faculty; however, criteria for promotion will be the same as for tenure-track appointments. 2.3.3.2 Library Faculty The primary responsibilities of librarians are library duties, bibliographic/information literacy instruction, advising, and university service. In order to be considered for promotion, these appointees are expected to meet the professional development criteria for Librarians established by the University. These appointees are evaluated annually for reappointment under the guidelines described in section 9.1. The criteria for reappointment represent a threshold for reappointment only and are not intended to serve as the criterion for excellence required of candidates for promotion. 2.4. Tenure-Track Appointments. Tenure-track appointments are probationary appointments for a defined period of time, which may be renewed annually, based on performance and the needs of the University. Page | 32 Recommendations for probationary appointments at the rank of Instructor, Lecturer, Assistant Professor, and Associate Professor originate within a College. Recruitment of tenure-track faculty is conducted according to procedures established by the Office of Academic Affairs (need link). Each Dean will make the criteria for reappointment known to the new faculty member. Effective teaching is regarded as the primary criterion for reappointment at Lander University. Other criteria include, but are not limited to, student advising, research, publications, committee work, participation in professional organizations, and University and community service. Additional performance criteria, more appropriate to a given discipline, may be generated by academic Units/library. Such criteria must be approved by the Unit’s faculty and Dean prior to their implementation. 2.5. Appointments with Tenure. An appointment with tenure means an appointment without limit of time. Upon recommendation of the President, who will have consulted with the members of the appropriate Units and tenured members of the appropriate College, the Board of Trustees may confer tenure upon newly appointed senior University officials and Deans. The President will communicate his or her decision, in writing, to the Faculty Senate. Otherwise, a faculty member must complete the process described in Section IV.8. 2.6. Emeritus Faculty. Emeritus Faculty: The title “Professor Emeritus” may be conferred on any faculty member at the time of retirement from Lander University provided the faculty member so honored will have served Lander University for at least ten years and been nominated and approved through the following process: Nomination: A faculty member can be nominated for Emeritus status by his/her Unit Head or Dean. Approval: Approval of the nomination begins with a simple majority vote of the nominee’s Unit, followed by recommendation of the Dean, provost, and approval by the president. Benefits: Emeritus faculty will be granted the following benefits: Plaque recognizing one’s emeritus status, with the cost borne by the Unit Faculty emeritus ID card Continued use of lander.edu e-mail account The following benefits same as per active faculty: o Access to campus events Page | 33 o Access to PEES Center and pool o Bookstore discount o Use of the library o Use of lab and office space if available o Web space on the university server o Parking sticker allowing campus parking o Receipt of all publications sent to active faculty o Lander University business cards, provided by the department 3. Documents used in the Evaluation of Faculty. The following documents are used in conjunction with the evaluation of faculty members and will be maintained in the Evaluation File. The originals of these documents are kept in the Office of Academic Affairs. Copies are also maintained in the Dean’s office. Initial Faculty Development Plan; Faculty Performance Report; The results of student evaluations (except for library faculty); Peer evaluations; and Annual Evaluation by the Dean 3.1. Initial Faculty Development Plan. First-year, full-time faculty members will develop an Initial Faculty Development Plan (IFDP) by January 15, to be reviewed in February at the annual evaluation by the Dean. An outline of what should be included in this plan is provided on the IFDP form. The faculty member will submit copies of this plan to the Dean for approval. The Initial Faculty Development Plan will be placed in the faculty member's Evaluation File in the Dean’s Office and the Office of Academic Affairs. 3.2. Faculty Performance Report. By April 1 of each academic year (February 1 for first-year appointees), all faculty members will submit a Faculty Performance Report (FPR) to their Dean. This form provides for the listing of the current distribution of workload and professional development activities related to effective teaching or librarianship, scholarship, academic advising, and University or community service, as well as new or revised professional development goals. This update will be used by the Dean in the annual evaluation. Following the faculty member’s evaluation, the Dean will forward a copy of Page | 34 the FPR to the Vice President for Academic Affairs for inclusion in the faculty member's Evaluation File in the Office of Academic Affairs. 3.3. Student Evaluations. Each course taught by a faculty member will be evaluated at least once annually. Probationary tenure-track, continuing non-tenure track, and temporary faculty members will be evaluated, at a minimum, during their first semester of employment and during each subsequent fall semester. The method and criteria for student evaluations must be approved by the School/College faculty and Dean. The faculty member will not be present in the classroom during the evaluation. A transcript of student comments and results of the evaluations used in the review will be given to the faculty member during their annual evaluation by the Dean, but only after final grades have been turned in to the Registrar’s Office. No original student evaluations will be returned to the faculty member. The original evaluation forms will be retained by the Dean for one calendar year. The Dean will forward a copy, including student comments, to the Vice President for Academic Affairs for inclusion in the faculty member's Evaluation File. In the case of evaluation of Deans as teachers, the Vice President for Academic Affairs will follow the same procedures as above, except that the student evaluations will be delivered to the Office of Academic Affairs. The faculty member may file a written statement in response to the results of the student evaluations. The faculty member may use this forum to explain, clarify, or dispute the evaluation results. This statement will be attached to the copy of the results retained by the Dean and the Vice President for Academic Affairs. 3.4. Peer Evaluations. Probationary, continuing non-tenure track, and temporary faculty members will be evaluated by peers annually. Tenured faculty members who do not hold the rank of Professor or other terminal rank will be evaluated by peers every six years in a formal post-tenure review, and in any year during which the faculty member applies for promotion. All peer evaluators must be fulltime faculty members at Lander University, should be tenured, and should be members of the faculty member's Unit or College if there are insufficient Unit evaluators. For the six-year post-tenure review, one peer evaluator must be from outside the faculty member's College. All peer evaluators will be selected by the Dean in consultation with the faculty member. Peer evaluators for Deans will be selected by the Vice President for Academic Affairs in consultation with the Dean. For probationary and temporary faculty members, two peer evaluators will each visit the faculty member's class at least twice and each will write a letter Page | 35 of evaluation addressing effective teaching, scholarship, service to the University, the profession, and/or the community, and collegiality. Copies of the peer evaluators' letters will be sent by April 1 to the Dean and the Vice President for Academic Affairs to be placed in the Evaluation File. Copies of the peer evaluators' letters will also be sent to the faculty member by April 1, unless the faculty member is not reappointed. Peer evaluations for Deans will be sent directly to the Vice President for Academic Affairs. In the case of first-year faculty members, the schedule may be modified by the Dean. In years of tenure or promotion decisions, the letters will be due no later than November 1. For Library faculty (continuing non-tenure track), one peer evaluator will visit one bibliographic/information literacy instruction session each semester and will write a letter of evaluation addressing effective librarianship, advising, and service to the University, the profession, and/or the community. A copy of the peer evaluator’s letter will be sent by April 1 to the Director and the Vice President for Academic Affairs to be placed in the Evaluation File. A copy of the peer evaluator’s letter will also be sent to the librarian by April 1, unless the librarian is not reappointed. Peer evaluations for the Director will be sent directly to the Vice President for Academic Affairs. In the case of first-year library faculty members, the schedule may be modified by the Dean. In years of promotion decisions, the letters will be due no later than November 1. 3.5. Dean’s Annual Evaluation of Faculty. 3.5.1 Non-Tenured Faculty The Dean will schedule an evaluation meeting with the faculty member between April 1 and May 15 (in February for first-year appointees). This evaluation must promote self-improvement and assess and judge performance. The Dean will provide, by May 15, (March 15 for first-year appointees) written copies of the completed evaluation to the faculty member and the Vice President for Academic Affairs for inclusion in the Evaluation File. The faculty member may place in the Evaluation File a written statement in response to the Dean’s annual evaluation. The faculty member may use this forum to explain, clarify, or dispute the evaluation results. The deadline for this response is November 1. The faculty member will send the response to the Vice President for Academic Affairs, who will place the response in the faculty member’s evaluation file. The faculty member will also send a copy of the response to the Dean. This annual evaluation will be taken into consideration when the Dean recommends salary increases. 3.5.2 Tenured Faculty Tenured faculty will be evaluated every year by their Dean. The evaluation Page | 36 will normally occur after August 15 and no later than September 15 of the following academic year. However, at the request of either the faculty member or the Dean, the evaluation will occur by May 15 of the evaluation year. The request must be made in writing by April 5. This evaluation must promote self-improvement and assess and judge performance. Upon completion of the evaluation, the Dean will provide written copies of the completed evaluation to the faculty member and the Vice President for Academic Affairs for inclusion in the Evaluation File. The faculty member may place in the Evaluation File a written statement in response to the Dean’s annual evaluation. The faculty member may use this forum to explain, clarify, or dispute the evaluation results. The deadline for this response is November 1. The faculty member will send the response to the Vice President for Academic Affairs, who will place the response in the faculty member’s evaluation file. The faculty member will also send a copy of the response to the Dean. This annual evaluation will be taken into consideration when the Dean recommends salary increases. 4. Files Used in Faculty Evaluations. The following files are used in the evaluation of faculty members. The originals of these files are kept in the Office of Academic Affairs. Copies are also maintained in the Dean’s office. Personnel File Evaluation File Tenure and Promotion File Ancillary File 4.1. Personnel File. This file contains the original letters of recommendation, employment application, transcripts, and contracts. The faculty member, the President, the Vice President for Academic Affairs, the faculty member’s Dean, and the staff members within the Office of Academic Affairs have access to this file. Faculty members may not see the original letters of recommendation if they have waived the right to do so. 4.2. Evaluation File. This file contains the faculty member's most recent vita, evaluations by the Dean, the Initial Faculty Development Plan, annual Faculty Performance Reports, the results of official student evaluations (except for library faculty), all letters of evaluation written by peer evaluators, the faculty member's response(s) to any items in the Evaluation File, and any other documents which the faculty member judges to be important. The faculty member, the President, the Vice President for Academic Affairs, the faculty member's Page | 37 Dean, the University Tenure and Promotion Committee (only when the faculty member is under consideration for tenure and/or promotion), and the staff members within the Office of Academic Affairs have access to this file. 4.3. Tenure and Promotion Files. These are temporary files, which are created by the candidate when a change in status is being considered. When a faculty member stands for promotion and tenure simultaneously, these files will be one and the same. These files will be kept in the Dean’s Office until transferred to the Office of Academic Affairs. While the files are in the Dean’s office, the candidate, the Dean, and the Unit Tenure and Promotion Committee will have access to them. When the Unit’s review is completed, the Dean will submit the files to the Office of Academic Affairs, but no later than December 15. Once the files have been placed in the Office of Academic Affairs, the candidate, the President, the Vice President for Academic Affairs, the University Tenure and Promotion Committee, the candidate's Dean, and the Academic Affairs staff will have access to them. The candidate may respond to any item in the file and the response will be placed in it. At this time, the file contains only the documents outlined in the review processes for tenure and/or promotion. No materials may be removed from the Tenure and Promotion File. 4.4. Ancillary File. This is a temporary file that may be created by the candidate, the Dean, or the Vice President for Academic Affairs. It contains any pertinent documents not included in the Tenure and Promotion File. It is kept with the Tenure and Promotion File and is made available, at each stage of the process, to those persons then authorized to review the file. Anyone sending an item to the Dean or the Vice President for Academic Affairs for inclusion in the Ancillary File must also send a copy to the candidate. Items from persons other than the candidate must be placed in the Ancillary File by October 1 and the contributor must be clearly identified. An item in the Ancillary File may be removed prior to the completion of the tenure/promotion process only by the person(s) who submitted it. The candidate may respond to any item(s) in the Ancillary File and the response will also be placed in the file. No items may be placed in the Ancillary File after October 15. Items in the Ancillary File will be returned to the candidate after the review and appeals processes have been completed, but no later than June 1. 5. Annual Evaluation Procedures and Policies for Faculty. 5.1 General Guidelines. Page | 38 In order to achieve the stated purpose of Lander University and to maintain high professional standards, all faculty members will be evaluated annually. This evaluation must promote self-improvement and assess and judge performance. The purpose of this evaluation is to improve faculty performance, the educational programs, and to assist the University in making reappointment decisions. Tenure-track and non-tenure-track faculty members who have received notice of nonrenewal will not participate in the annual evaluation process. A faculty member who has officially notified the University of retirement or resignation at the end of the academic year is exempt from participating in the evaluation process for that academic year. When the Dean meets with a faculty member to review the annual evaluation, copies of the evaluation documents will be given to the faculty member, which excludes student evaluations. As required by the State’s Commission on Higher Education, only a summary of the outcomes and transcriptions of comments from student evaluations will be given to the faculty member. Upon completion of the evaluation, the Dean will forward copies of all annual evaluation documents to the Vice President for Academic Affairs for inclusion in the faculty member's Evaluation File. The faculty member may submit a written statement in response to the annual evaluation, with a copy being sent to the Dean and to the Vice President for Academic Affairs. The faculty member may use this forum to explain, clarify, or dispute the evaluation results. The deadline for this response is November 1. The response will be filed in the faculty member’s Evaluation File, which is maintained in the Office of Academic Affairs. Threat of nonrenewal will not be used to restrain faculty members in the exercise of academic freedom. If the University chooses not to renew a parttime, continuing non-tenure track or probationary tenure-track appointment, a reason does not need to be given. The only requirement for the University is to give notice of nonrenewal on or before the dates specified herein. 5.2. Procedures for Part-Time Faculty. Part-time faculty members will be evaluated by at least one peer in at least one class per semester during their first four semesters of employment and at least once every third semester thereafter. Additionally, part-time faculty members (except part-time library faculty members) will conduct student evaluations in all classes according to the established College policy. 5.3. Evaluation of Librarians. Page | 39 Librarians are evaluated by the Director of Library Services. Although they are evaluated as librarians, because they are also members of the faculty, they are evaluated as faculty members proportionate to their faculty duties. The Director of Library Services will be evaluated by the Vice President for Academic Affairs using the procedures for College Deans. 5.4. Procedures for Probationary Tenure-Track and Non-Tenure-Track Faculty. 5.4.1. The Dean will activate the Unit Reappointment Committee, which consists of all full-time tenured members within the candidate’s Unit, with the exception of the Dean. If the number of tenured faculty members in the candidate’s department is fewer than three, additional tenured faculty members from within the University shall be selected by the Dean, in consultation with the Unit Head and the candidate. For second-year through sixth-year tenuretrack and non-tenure-track faculty, the reappointment meeting will be called and a recommendation sent to the Dean at any point before the end of April. The Dean will call the first meeting. 5.4.2. The Unit Reappointment Committee will meet and elect a Chair from among its members, who will not be the Dean. The Dean will attend meetings and participate in discussions, unless the discussion relates to his or her candidacy for reappointment. The committee will review all previous years' Faculty Performance Reports, faculty evaluations by the Dean, peer letters, student evaluations, and Unit Reappointment Committee recommendations for the faculty member. The committee will deliberate and vote for or against the reappointment of the faculty member. If the Committee’s recommendation is unanimous, a written recommendation for or against reappointment (but without reasons being given), including the number of votes for and the number of votes against, will be forwarded by the committee chair to the Dean. If there is a simple majority vote for or against reappointment, the written recommendation to the Dean will list the concerns of the committee. 5.4.3. The Dean will review the pertinent documents and the recommendation of the committee. The Dean will submit a written recommendation on reappointment to the Vice President for Academic Affairs. If the Dean’s recommendation is negative no reasons will be given. If there is a simple majority recommendation from the committee for reappointment and the Dean concurs with the recommendation, the Dean will Page | 40 Include the concerns in the recommendation to the VPAA and Work with the Unit Reappointment Committee to develop a plan, which should enable the faculty member to address and resolve the concerns expressed by the committee and Dean prior to the next annual evaluation. 5.4.4. The VPAA will then make a recommendation to the President. In case of conflicting recommendations, the President will consult with the Unit Reappointment Committee, the Dean, and the VPAA prior to making a decision. 5.4.5. Deadlines for First-Year Probationary Tenure-Track and NonTenure-Track Faculty. 5.4.5.1. Probationary and non-tenure track faculty members who are appointed in the fall will be evaluated twice during their first year. Between October 1 and November 1, first year appointees will meet with the Dean for an initial evaluation to discuss the faculty member's progress and performance. The second evaluation will be the annual Dean’s evaluation, which will take place in February. For first-year faculty whose initial appointment is in the fall semester, the Unit reappointment committee will meet between January 15 and February 21, with the committee recommendation sent to the Dean by February 22. The faculty member will be notified in writing by March 1, of the decision on reappointment for a second year. 5.4.5.2. For first-year faculty members whose initial appointment is in the spring semester, the decision for reappointment will be made during April. The faculty member will be notified in writing of the decision for reappointment for a second year by May 1. 5.4.6. Deadlines for Second- through Sixth-Year Tenure-Track and NonTenure-Track Faculty. The faculty member will be given a written notice of the decision on reappointment by May 15. If the decision is not to reappoint, a terminal contract may be offered for the following year. 5.4.7. Deadlines for the Annual Evaluation of Tenured Faculty. Tenured faculty will be evaluated every year by their Dean. The evaluation will normally occur between August 15 and September 15 of the following academic year. However, at the request of either the faculty member or the Page | 41 Dean, the evaluation will occur by May 15 of the evaluation year. The request must be made in writing by April 5 5.4.8. Procedure for Faculty Members Receiving an Overall Unsatisfactory Rating. Procedure for Faculty Members Receiving an Overall Unsatisfactory Rating. If a faculty member receives an overall rating of 'unsatisfactory' in the annual review, the Dean will work with the faculty member to develop a written plan designed to restore satisfactory performance. (The University is committed to providing appropriate assistance to faculty members needing improvement). The faculty member's progress toward restoring satisfactory performance will be reflected in future annual evaluations. Failure of the faculty member to make the required progress toward satisfactory performance may result in initiating the termination process as outlined in Section IV.11 of the Faculty Handbook. 6. Procedure for Six-Year Post-Tenure Evaluation. Tenured faculty members that hold the rank of professor (as described in Section IV 2.2.5 of the Faculty Handbook) or Librarian (as described in Section IV 2.2.6.3 of the Faculty Handbook) or other terminal rank are not required to participate in the sixyear post-tenure review. All tenured faculty members of lower rank must participate in a six-year post-tenure review. This review will also serve as the annual review in the year in which it occurs. In the event that the six-year posttenure review coincides with a faculty member standing for promotion the six-year post-tenure evaluation will be satisfied by faculty member’s promotion file, the contents of which are described in section IV 9.3 of the Faculty Handbook. A satisfactory six-year post-tenure review does not necessarily guarantee that a faculty member will have met all the requirements for a promotion to a higher rank. In the event that faculty member’s application for promotion is denied, the decision regarding the success of the six-year post-tenure review will be made by the faculty member’s Dean. If a faculty member is eligible to stand for promotion in the same year that the sixyear post-tenure review would occur, but chooses not to stand for promotion, the faculty member must complete the six-year post-tenure review as described in this section, and the decision regarding the success of the six-year post-tenure review will be made by the faculty member’s Dean. A faculty member who has officially notified the University of retirement or resignation at the end of the academic year is exempt from participating in the evaluation process for that academic year. By May 15 of the academic year preceding the six-year post-tenure evaluation, the Vice President for Academic Affairs will send written notification to the faculty member and the Dean that a six-year evaluation is to be conducted the following academic year. By October 1, the faculty member will create a file that will be made available to the Page | 42 peer evaluators and the Dean. The file will contain the following items: A current vita that covers at least the time period under review; All Faculty Performance Reports submitted during the time period under review; The College results of all official student evaluations conducted during the time period under review; Course syllabi for three representative courses taught during the time period under review (When appropriate, these should include one upper-level major course, one lower-level major course, and one non-major service course); Any evaluation portfolios required by the College/ Unit and created during the time period under review; and Reports detailing work done during sabbaticals or work associated with grant projects underway during the time period under review. (The format of these reports is left to the discretion of the faculty member.) Two peer evaluators will be selected from the full-time Lander University faculty by the Dean in consultation with the faculty member. One peer should be a member of the faculty member's discipline; the other peer must be external to the faculty member’s College. The peer evaluators' letters will be sent to the Dean, with a copy to the faculty member by April 1. The Dean will complete the evaluation by April 15, and will forward the results of the evaluation along with their decision to the Vice President for Academic Affairs and the faculty member by May 1. 7. Annual Evaluation Procedures for Faculty with Administrative Appointments. 7.1. Evaluation of the President. The Board of Trustees evaluates the performance of the President annually based on procedures and criteria established by the Board. The Board's evaluation may involve the services of outside consultants if deemed advisable by the Board. The President is evaluated annually by the faculty in accordance with procedures developed by the Faculty Senate. 7.2. Evaluation of the Vice President for Academic Affairs. The Vice President for Academic Affairs is appointed by and responsible to the President. The Vice President for Academic Affairs is evaluated annually by the faculty in accordance with procedures developed by the Faculty Senate. 7.3. Evaluation of Deans. Deans will be evaluated annually by the Vice President for Academic Affairs. Following the evaluation interview, but by June 30, the Vice President will prepare a summary evaluation of the Dean, both as a faculty member and an administrator. The summary evaluation will be placed in the Dean’s Page | 43 Evaluation File, with copies of the summary to be given to the Dean and the President. 7.3.1. Performance as an Administrator. Deans will be evaluated by the Vice President for Academic Affairs in their capacity as administrators. This evaluation will address the performance of the specific duties of the Dean and will be separate from the evaluation of the Dean as a faculty member. The Dean is evaluated annually by the faculty of the appropriate College in accordance with procedures developed by the Faculty Senate. The Vice President will consider the results of these evaluations in preparing his or her evaluation. 7.3.2. Performance as a Faculty Member. In evaluating the Dean as a faculty member, the Vice President will use the same procedures set forth for evaluation of regular faculty, except that peer evaluators will be selected (when appropriate) by the Vice President in consultation with the Dean. 7.4. Evaluation of Unit Heads. Unit Heads will be evaluated annually by the Dean. Following the evaluation interview, but by June 30, the Dean will prepare a summary evaluation of the Unit Head, both as a faculty member and an administrator. The summary evaluation will be placed in the Unit Head’s Evaluation File, with copies of the summary to be given to the Unit Head and the VPAA. 7.4.1. Performance as an Administrator. Unit Heads will be evaluated by the Dean in their capacity as administrators. This evaluation will address the performance of the specific duties of the Unit Head and will be separate from the evaluation of the Unit Head as a faculty member. The Unit Head is evaluated annually by the faculty of the appropriate Unit in accordance with procedures developed by the Faculty Senate. The Dean will consider the results of these evaluations in preparing his or her evaluation. 7.4.2. Performance as a Faculty Member. In evaluating the Unit Head as a faculty member, the Dean will use the same procedures set forth for evaluation of regular faculty, except that peer evaluators will be selected (when appropriate) by the Dean in consultation with the Unit Head. 8. Tenure Procedures and Policies. Tenure and promotion are sometimes considered during the same time period. In the event a candidate seeks tenure and promotion simultaneously, the candidate's Tenure and Promotion Files will be one and the same. The Page | 44 Unit Tenure and Promotion Committee will be one and the same. Nontenure-track and part- time faculty are not eligible for tenure. 8.1. Definition of Tenure. Academic tenure is one means by which the University seeks to ensure academic freedom and to recognize both the contributions and the potential contributions of outstanding faculty members to the mission of the institution. An appointment with tenure is an appointment without limit of time that can be terminated only as provided for in the Faculty Handbook. 8.2. Credit for Prior Service. At the time of initial appointment, credit for prior teaching experience at the collegiate level is determined by the Vice President for Academic Affairs in consultation with the Dean, and may be allowed up to a maximum of three years. 8.3 Eligibility. To be eligible for consideration for tenure the faculty member must normally Meet the requirements for tenure upon their initial appointment; or Be or have been promoted by Lander University to the next higher faculty rank before standing for tenure. Under extraordinary circumstances as approved by the President, a faculty member may be eligible for tenure without standing for promotion. Candidates will be considered for tenure beginning in September of their sixth year of full-time College-level employment, which may include credit for prior experience given at the time of initial appointment. Under extraordinary circumstances, the candidate may request an extension of the probationary period, up to a maximum of two years. The request must be made sixty (60) days prior to the date the review process is to begin. The request for an extension of the probationary time period will be reviewed with a recommendation for or against by the Unit Head, the Dean, and the Vice President for Academic Affairs. The President will make the final decision on granting the request. The Board of Trustees reserves the right to confer tenure upon newly appointed senior University officials and Deans, as specified in the Board of Trustees Bylaws (cf. Section I: 4.6). 8.4. Criteria for Tenure. The criteria for tenure are organized in two categories: professional development and collegiality. 8.4.1. Professional Development. The professional development criteria considered for the awarding of tenure are effective teaching, advising, scholarship, and service. Effective teaching is Page | 45 regarded as the primary but not the sole professional development criterion for tenure at Lander University. Additional performance criteria, more appropriate to a given discipline, may be generated by individual Colleges/ Units. Such criteria and the date of their implementation must be approved by the College/ Unit faculty and Dean prior to their implementation. 8.4.2. Collegiality. A positive tenure decision results in long-term commitment of the University to the faculty member. It is important, therefore, for the faculty member to work collegially and professionally within the department, the College, and the University to achieve common goals. Factors other than the qualifications of the faculty member such as fluctuating enrollment, curriculum changes, and bona fide financial exigencies may sometimes play a determining role in a tenure decision. 8.5. Tenure Review Process. Step 1 MAY May 1 (No later than): The Vice President for Academic Affairs will send a letter to all university faculty members identifying candidates to be considered for tenure during the next academic year. May 15 (No later than): The Vice President will confirm each faculty member's candidacy in writing and outline the candidate's responsibilities with a schedule to be followed. Included in the written confirmation will be a statement of any credit given toward tenure in the initial appointment letter for prior teaching experience at the College level. A copy of the written confirmation will be sent to the candidate and the Dean. SEPTEMBER September 15 (no later than) the Dean, in consultation with the candidate, will appoint two peer evaluators. Each peer evaluator will visit the candidate's class at least twice and will review the candidate's Tenure File before submitting letters of evaluation. Each letter shall address all aspects of the candidate’s performance and include a recommendation for or against awarding tenure to the candidate. The peer evaluators' letters will be placed in the Tenure File in the Dean’s Office no later than November 1. OCTOBER October 1 (No later than): The candidate will submit their Tenure File to their Dean’s office. The Tenure File will contain the following items: Tenure Review Process Form Page | 46 The first page of the Tenure file must be the Tenure Review Process Form (TRPF). It will outline the contents of the Tenure File, which must be documented by the appropriate signature during each step of the process. Candidate's Professional Development Statement. The Professional Development Statement should address the candidate's goals and how he or she has sought to achieve them, and include revised long-term and short-term goals and the candidate's perception of how these goals relate to his or her responsibilities at Lander University; Candidate’s Initial Faculty Development Plan; A copy of any College/ Unit generated performance criteria with the dates during which they were in force; The Vice President's letter of confirmation; The candidate's current vita; Faculty Performance Reports Results of official student evaluations (except for library faculty); Peer evaluations; Recommendations of Unit Reappointment Committees; Annual evaluations by the Dean for all years at Lander; and Course syllabi for the current semester. Additional pertinent items may be included in an Ancillary File, which will accompany the Tenure File throughout this process. The Dean will ensure that the Tenure File is available in the Dean’s Office to the candidate, the Dean, the tenured members of the College, and the peer evaluators. NOVEMBER November 1 (No later than): The peer evaluators’ letters will be placed in the Tenure File located in the Dean’s Office. Step 2 NOVEMBER November 2: The Dean will activate the Unit Tenure Committee. Unit Tenure and Promotion Committee The Unit Tenure and Promotion Committee consists of all the tenured faculty members within the candidate’s Unit, except for the Dean and the members of the University Tenure and Promotion Committee. If the number of tenured faculty members in the candidate’s Unit is fewer than three, additional committee members shall be selected from within the University by the Dean in consultation with the Unit Head and the candidate. The Committee will meet and elect a chair from among its members. Responsibilities of the Unit Tenure and Promotion Committee Chair: The chair of the Committee will be responsible for conducting the business of the Committee and maintaining written correspondence with the candidate and the Dean. The Unit Tenure Committee will review the Page | 47 candidate's Tenure File, deliberate, and vote for or against the awarding of tenure to the candidate. The chair of the Unit Tenure Committee will be responsible for placing a written recommendation (with reasons addressing each University criterion for tenure and, if applicable, each Unit/College criterion for tenure) including the number of votes for and the number of votes against the awarding of tenure to the candidate, with commentary reviewed by the committee of the whole, in the candidate's Tenure file. The Committee’s chair will also be responsible for sending a copy of the recommendation to the candidate and for signing the Tenure Review Process Form. DECEMBER December 1 (No later than): Unit Tenure Committee recommendations and the signed Tenure Review Process Form (TRPF) will be placed in the Tenure File. Step 3 DECEMBER December 15 (No later than): The Dean will complete his/her review of the candidate's Tenure File. The Dean will Place a written recommendation (including reasons) for or against tenure in the candidate's Tenure File; Send a copy of the recommendation to the candidate; Sign the TRPF; and forward the Tenure File to the Office of Academic Affairs no later than January 5 JANUARY January 5 (No later than): The Dean will forward the Tenure File to the Office of Academic Affairs. The file will remain in the Office of Academic Affairs throughout the remainder of the process, including any appeals, which may occur. Step 4 JANUARY January 10 (No later than): The Vice President for Academic Affairs will notify the University Tenure and Promotion Committee, that all tenure files have been received in the office. January 11: The University Tenure and Promotion Committee will begin its review of all candidates for tenure. The primary role of the University Tenure and Promotion Committee is to evaluate the extent to which all University criteria for tenure have been met. Any questions which the Committee has concerning policy or procedures will be directed to the Chair of the Faculty Senate. Step 5 FEBRUARY February 11 (No later than): The Committee will deliberate and vote, with a written recommendation to the Vice President for Academic Affairs. Page | 48 The recommendation will include the number of votes for and the number of votes against the award of tenure, with commentary reviewed by the committee of the whole, to be placed in the Tenure File no later than February 11. The Chair of the Tenure and Promotion Committee is responsible for signing the Tenure Review Process Form and sending a copy of the Committee’s recommendation to the members of the University Tenure and Promotion Committee by February 11. February 12: The Vice President for Academic Affairs will begin to review the Tenure File and the University Tenure and Promotion Committee’s recommendations. The Vice President for Academic Affairs will review the Tenure File. Should the VPAA upon reviewing a candidate's Tenure File, not concur with the recommendation of the University Tenure and Promotion Committee, he or she shall meet with the Committee before March 11 to discuss the case. The objective of this meeting is to ensure, to the extent possible, that agreement on the recommendations for each candidate by the University Tenure and Promotion Committee and the VPAA can be reached. MARCH March 11 (No later than): If the VPAA does not concur with the recommendations of the University Tenure and Promotion Committee, then the VPAA will meet with the committee. March 21 (No later than): The VPAA will add his or her recommendation to the candidate’s Tenure File, sign the Tenure Review Process Form and then forward the file to the President. The President will review the candidate's Tenure File and decide for or against Tenure. Should the President not agree with the recommendations in the file, the President will meet with the appropriate reviewers to discuss the case. APRIL April 1 (No later than): The President's decision will be provided in writing to the candidate. The President's decision will become part of the candidate's Tenure File. The President will also notify the entire faculty of those faculty members who have been awarded tenure. 8.6. Appeal Process. A faculty member who has been notified of a decision not to grant tenure and who alleges that University policies and procedures have not been followed may request a hearing by an Academic Freedom, Grievance, and Due Process Committee, which shall be appointed by the Faculty Senate. The request for a hearing must be made to the President and the Faculty Senate no later than April 15. Page | 49 The Academic Freedom, Grievance, and Due Process Committee will meet, deliberate, and submit its written recommendations to the President no later than May 15. The President will convey his or her decision to the faculty member and the Academic Freedom, Grievance, and Due Process Committee no later than June 1. If denied tenure, a faculty member will be given a oneyear terminal contract, unless an extension of time is granted by the President 9. Promotion Procedures and Policies. Faculty rank is one means whereby the University seeks to acknowledge the qualifications and achievements of individual faculty members. Faculty members may apply for promotion to a higher rank when they become eligible or may delay application until they feel the time is more appropriate. Individuals may apply for tenure and promotion consideration at the same time. Promotion alone does not carry a commitment by the University to award tenure. In the event that tenure and promotion are considered simultaneously, the Tenure and Promotion files will be one and the same, and the Unit Tenure and Promotion Committees are one and the same. 9.1 Criteria for Consideration for Promotion. 9.1.1. Assistant Professor. To be eligible for consideration for promotion to the rank of Assistant Professor a faculty member must have a. Six years of service to the University at the rank of Lecturer; or b. Completed the terminal degree in the discipline. 9.1.2. Associate Professor or Associate Librarian. To be eligible for consideration for promotion to the rank of Associate Professor, a faculty member must (at the time the promotion becomes effective) meet the minimum degree requirements as described in Section IV 2.2.2.4, and have a strong record of performance to the University over a period of at least six years, of which at least five years must be at the rank of Assistant Professor. Promotion to Associate Professor presupposes the demonstration of excellence in teaching, scholarship, and service. To be eligible for consideration for promotion to the rank of Associate Librarian, a faculty member must (at the time the promotion becomes effective) meet the minimum degree requirements described in Section IV 2.2.6.2, and have a strong record of performance to the University over a period of at least six years, of which at least five years must be at the rank of Assistant Librarian. Promotion to Associate Librarian presupposes the demonstration of excellence in librarianship and service. 9.1.3. Professor or Librarian. To be eligible for consideration for promotion to the rank of Professor, a faculty member must (at the time the promotion becomes effective) have a Page | 50 strong record of performance at the rank of Associate Professor for a period of at least six years and hold the earned terminal degree. Promotion to Professor presupposes the demonstration of excellence in teaching, scholarship and service. Although these are the same factors considered for promotion to Associate Professor, the extent and the significance of accomplishment distinguishes the two. To be eligible for consideration for promotion to the rank of Librarian, a faculty member must (at the time the promotion becomes effective) have a strong record of performance at the rank of Associate Librarian for a period of at least six years and hold the earned terminal degree. Promotion to Librarian presupposes the demonstration of excellence in librarianship and service. Although these are the same factors considered for promotion to Associate Librarian, the extent and significance of accomplishment distinguishes the two. Additional performance criteria, more appropriate to a given discipline, may be generated by the College/Unit. Such criteria and the date of their implementation must be approved by the College/Unit faculty members and the Dean prior to their implementation. 9.2. Eligibility. Candidates will be eligible to apply for promotion on or before September 1 of any year in which they meet the qualifications for the rank to which they wish to be promoted. 9.3. Promotion Review Process. Step 1 MAY May 1 (No later than): Candidates for promotion will identify themselves in writing to the Vice President for Academic Affairs that they seek promotion in the next academic year. May 15 (No later than): The Vice President, in consultation with the candidate's Dean, will confirm the faculty member's candidacy in writing with a copy of the confirmation sent to the candidate, the Dean, and all current full-time faculty members. SEPTEMBER September 15 (no later than): The Dean, in consultation with the candidate, will appoint two peer evaluators. The peer evaluators will not be current members of the University Tenure and Promotion Committee. The peer evaluators will each visit the candidate's class at least twice and will review the candidate's Promotion File before submitting letters of evaluation. Each letter shall address all aspects of the candidate’s performance and include a recommendation for or against awarding promotion to the candidate. Page | 51 OCTOBER October 1: The candidate will submit his/her Promotion File to his/her Dean or Director. The Promotion File will contain the following items: Promotion Review Process Form The first page of the promotion file must be the Promotion Review Process Form (PRPF). The purpose of this form is to ensure that due process has been followed throughout the promotion review process; Professional Development Statement The Professional Development Statement should address the candidate's goals and how he or she has sought to achieve them, and include revised long-term and short-term goals and the candidate's perception of how these goals relate to his or her responsibilities at Lander University; Initial Faculty Development Plan; Vice President's letter of confirmation; Current vita; A copy of the College/ Unit performance criteria with the dates during which they were in force; Faculty Performance Reports for all years under review; Results of official student evaluations for all years under review (except for library faculty); Peer evaluations; Annual evaluations by the Dean or Director for all years under review; and Course syllabi for the three most recently taught courses (except for library faculty). Additional pertinent items may be included in an Ancillary File, which will accompany the Promotion File throughout this process. The candidate, the Dean, the Unit Head, the peer evaluators, and the members of the Unit Promotion Committee will have access to the Promotion File while it is in the Dean’s Office. NOVEMBER November 1 (No later than): The peer evaluators’ letters will be placed in the Promotion File located in the Dean’s or Director’s office. Step 2 NOVEMBER November 2: The Dean will activate the Unit Promotion Committee. Unit Promotion Committee This committee consists of all the tenured faculty members within the Unit, except for the candidate, the Dean, and members of the University Tenure and Promotion Committee. If the number of tenured faculty members in the candidate’s Unit is fewer than three, additional committee members shall be Page | 52 selected from within the University by the Dean in consultation with the Unit Head and the candidate. The Dean will be responsible for calling the first meeting of the Unit Promotion Committee. The Unit Promotion Committee will meet and elect a chair from among its members. The Unit Promotion Committee will review the candidate's Promotion File, deliberate, and vote for or against the award of promotion. The Chair of the Unit Promotion Committee is responsible for Conducting the business of the Committee and maintaining written correspondence with the candidate and the Dean. Placing the written recommendation of the committee in the candidate’s promotion file. The recommendation will address each University criterion for promotion and, if applicable, each Unit/College criterion for promotion, indicating the number of votes for and the number of votes against the award of a promotion to the candidate, with commentary reviewed by the committee of the whole. Sending a copy of the recommendation to the candidate. Signing the Promotion Review Process Form. The committee chair’s signature indicates that the process has been followed. After the chair signs the PRPF, the Dean will be notified no later than December 1 that the work of the committee has been completed. DECEMBER December 1 (No later than): The committee chair will sign and submit Promotion Review Process Form to the Dean and will notify the Dean that the work of the committee has been completed. Step 3 DECEMBER December 15: The Dean will complete his/her review of the candidate's Promotion File. The Dean will Place a written recommendation (including reasons) for or against promotion in the candidate's Promotion File; Send a copy of the recommendation to the candidate; Sign the Promotion Review Process Form and forward the Promotion File to the Office of Academic Affairs no later than January 5 JANUARY January 5 (No later than): The Dean will forward the Promotion File to the Office of Academic Affairs. The file will remain in the Office of Academic Affairs throughout the remainder of the process, including any appeals which may occur. Step 4 JANUARY Page | 53 January 10 (No later than): The Vice President for Academic Affairs will notify the University Tenure and Promotion Committee, that all Promotion Files have been received in the office. January 11: The University Tenure and Promotion Committee will begin its review of all candidates for promotion. The primary role of the University Tenure and Promotion Committee is to evaluate the extent to which all University criteria for promotion have been met. Any questions which the Committee has concerning policy or procedures will be directed to the Chair of the Faculty Senate. Step 5 FEBRUARY February 11 (No later than): The University Tenure and Promotion Committee Chair will submit their written recommendation to the Vice President for Academic Affairs to be placed in the Promotion file. The recommendation will include the number of votes for and the number of votes against the award of promotion, with commentary reviewed by the committee of the whole, to be placed in the Promotion File no later than February 11. The chair of the Tenure and Promotion Committee is also responsible for signing the Promotion Review Process Form and sending a copy of the Committee’s recommendation to the members of the University Tenure and Promotion Committee by February 11. February 12: The Vice President for Academic Affairs will review the Promotion File and the University Tenure and Promotion Committee’s recommendations. The Vice President for Academic Affairs will review the Promotion File. Should the VPAA upon reviewing a candidate's Promotion file, not concur with the recommendation of the University Tenure and Promotion Committee, he or she shall meet with the Committee before March 11 to discuss the case. The objective of this meeting is to determine, to the extent possible, whether an agreement on the recommendations for each candidate by the University Tenure and Promotion Committee and the VPAA can be reached. MARCH March 11 (No later than): If the VPAA does not concur with the recommendations of the University Tenure and Promotion Committee, then the VPAA will meet with the committee. March 21 (No later than): The VPAA will add a recommendation to the candidate’s Promotion File, sign the Promotion Review Process Form and then forward the file to the President. The President will review the candidate's Promotion File and decide for or against promotion. Should the President not agree with the recommendations in the file, the President will meet with the appropriate reviewers to discuss the case. Page | 54 APRIL April 1 (No later than): The President's decision will be provided in writing to the candidate. The President's decision will become part of the candidate's Personnel File. The President will also notify the entire faculty of those faculty members who have been promoted. If the promotion decision is negative, the faculty member should consult with the Vice President for Academic Affairs concerning recommendations for specific measures for improvement. The process is complete when the President informs all faculty members of those candidates receiving promotions. 9.4. Adjustments to Salaries when Promoted. Salary increases for promotion will be as follows: Lecturer to Assistant Professor, $2,500; Assistant Professor to Associate Professor or Assistant Librarian to Associate Librarian, $3,000; and Associate Professor to Professor or Associate Librarian to Librarian, $4,000. 9.5. Promotion Appeal Process. A faculty member who has not been promoted and alleges that University policies and procedures were not followed may request a hearing by an Academic Freedom, Grievance, and Due Process Committee. The request for a hearing must be made to the President and the Faculty Senate no later than April 15. An Academic Freedom, Grievance, and Due Process Committee, appointed according to Faculty Senate guidelines, will meet, deliberate and submit its written recommendations to the President no later than May 15. The President’s decision will be conveyed in writing to the faculty member and the Academic Freedom, Grievance and Due Process Committee no later than June 1. 10. University Leave Policies. 10.1. Sabbatical Leave. Sabbatical leave may be granted to faculty members subject to the following guidelines. 10.1.1. Eligibility. Tenured faculty members with the rank of Assistant Professor or higher who have been employed at Lander for at least six years are eligible to apply for a sabbatical leave. A terminal degree is not required, and the program is not intended as a means of funding work toward academic degrees. Faculty members are eligible for a sabbatical leave every seven years. 10.1.2 Conditions. Sabbatical pay will be half-time for one year or full pay for one semester. Fringe benefits will be extended through the sabbatical period. For the Page | 55 purposes of promotion and annual raises, sabbatical leave will be counted as time in rank. The faculty member will teach at Lander University for a period of at least one year after the sabbatical leave or will repay the compensation received during the leave. The semester following the sabbatical leave period, the faculty member will provide to the Dean, Unit Head /Director of the Library, and the Vice President for Academic Affairs a written progress report detailing the work completed while on sabbatical leave. Upon total completion of the sabbatical leave project, a final written report will be submitted to the Secretary of the Faculty Senate, the Dean, and the Vice President for Academic Affairs. 10.1.3. The Proposal. The quality of the proposal, the likelihood of its successful completion, whether the proposal is consistent with the individual's professional development goals and the mission of the University, and financial feasibility will be the primary reasons for awarding sabbatical leaves. Seniority may be a consideration when proposals of equal quality are submitted, but it should never be the overriding criterion. 10.1.4. Proposal Submission. Proposals are to be submitted to the appropriate supervisor. 10.1.5. Sabbatical Approval Process for Full-time Non-Administrative Faculty. The process involves a number of steps. The first step begins when a faculty member submits a proposal for a sabbatical leave to the Dean in writing. The deadline for the submission is October 20. A sabbatical proposal must: Describe the activity in which you intend to engage; Propose a calendar for the activity; Explain why you think you are able to engage in and to complete this activity; Indicate what preparations you have already made for this particular activity; Explain the relationship between this activity and your professional goals; Explain the relationship between this activity and your teaching assignments; Explain the relationship between this activity and Lander University’s mission; Indicate the benefit of your activity to the University’s future. If appropriate, relate the activity to the University’s priorities of student Page | 56 success, regional impact, and technological awareness and capabilities; and Include an updated curriculum vitae. The second step begins no later than November 1. The Dean and the faculty member will identify three faculty peer evaluators from the College to review the proposal. The reviewers' recommendation for or against the sabbatical will be submitted to the Dean by November 15. In the third step, the Dean will write an evaluation of the proposal and submit all documents to the Faculty Senate Grants Committee by December 1. Senators applying for sabbaticals will not serve on this committee. The fourth step takes place in December when the Faculty Senate Grants Committee will meet to evaluate proposals and to recommend the priority of funding by assigning each proposal a numerical rank. The Committee will forward its recommendations to the Vice President for Academic Affairs by December 15. By January 10 the Vice President for Academic Affairs (VPAA) will complete the fifth step. In consultation with the Dean, Unit Head and/Director of the Library, the VPAA will determine the financial feasibility of granting the sabbatical and the possibility of recruiting an individual to replace the faculty member requesting the sabbatical. The sixth and final step occurs no later than January 15. The VPAA will meet with the President to determine how many of the recommended sabbaticals may be funded. The faculty member will be informed no later than February 1 as to whether the sabbatical proposal will be awarded. 10.2 Other Leave For University policies concerning sick leave, maternity leave, annual leave, and leave without pay contact the Lander University Office of Human Resources. 11. Procedures for the Termination of a Faculty Member. Termination proceedings of an appointment with continuous tenure, or of a probationary appointment before the end of the term specified in the contract, may be initiated by the institution only for adequate cause, defined as follows: Demonstrably bona fide institutional decisions (resulting from educational or financial exigencies, and made only with faculty input) involving the discontinuance of programs, but only after giving the faculty member twelve months' notice; Physical or mental inability to fulfill the terms and conditions of the appointment; and Page | 57 Cause, which shall include but not be limited to: incompetence, neglect of duty, dishonesty, conviction of a felony, or willful and repeated violations of University rules and regulations. Threat of dismissal will not be used to restrain faculty members in the exercise of academic freedom. 11.1. Notification of Intent to Dismiss. Dismissal of tenured faculty is a matter of utmost gravity, and the decision to dismiss must be weighed with a careful regard of the rights of all parties directly concerned. The President (or the Vice President for Academic Affairs if the President is directly involved) will send notification of the intent to dismiss, including reasons, to the faculty member. The Chair of the Faculty Senate will be notified if there is an intent to dismiss. At this point the faculty member may resign or request a hearing. 11.2. Hearing Process. A faculty member who has been notified of the intent to dismiss may request a hearing by notifying the President and the Chair of the Faculty Senate within thirty days of receiving notification of intent to dismiss. After a request for a hearing has been made, the faculty member requesting a hearing on charges that might lead to dismissal will not be suspended by the President of the University during the proceedings unless the President determines that immediate harm to the rights of others is threatened by the faculty member's continued exercise of academic duties. If the faculty member is suspended, the suspension will be with pay. Upon receiving the request for a hearing, the Chair of the Faculty Senate will follow Faculty Senate guidelines in selecting members of an Academic Freedom, Grievance, and Due Process Committee. The Committee will conduct the hearing within sixty days from the request for a hearing. The Academic Freedom, Grievance, and Due Process Committee will determine the scope of the proceedings and the range of evidence to provide fairness to all parties involved. The faculty member and the University will each have the right to retain counsel, to present witnesses and evidence, and to crossexamine all witnesses. The Committee will prepare a written transcript of the hearing and will provide a copy to all parties involved. 11.3. The Decision. Within thirty days after all parties have been heard and all relevant evidence has been examined, the Academic Freedom, Grievance, and Due Process Committee will deliberate and make a recommendation. The President and the faculty member will each be given copies of the written recommendation and a summary of the relevant evidence. Within thirty days of receiving the recommendation of the Academic Freedom, Grievance, and Due Process Committee, the President will decide to dismiss the faculty member or to withdraw the intent to dismiss. In the event the President's decision does not Page | 58 agree with the Committee's recommendation, the President will provide reasons in writing to the Chair of the Committee and to the faculty member involved. 11.4 Appeal Process. In the event of a decision for dismissal, a petition for review of the dismissal decision may be made in writing to the Lander University Board of Trustees within thirty days of the decision. Such petitions must fully state the grounds of appeal and may include a request for a hearing from the Board. The final decision is made by the Board of Trustees and will be communicated to the faculty member and to the University. 12. Amendment Process for Section IV. Proposed amendments to these procedures and regulations will be processed as follows: a. An amendment may be presented to an officer of the Faculty Senate from any source within the University. The Faculty Senate in consultation with the VPAA will consider the proposal in the same manner as any other proposal. b. Proposed amendments approved by the Faculty Senate will be presented to the full faculty for a vote. c. Amendments to Section IV approved by a majority vote of a quorum of voting faculty will be forwarded by the VPAA to the President. d. If the President, in consultation with the VPAA and the University’s legal Counsel approves the amendment, the President will forward the proposed amendment to the Board of Trustees for its action. V. University Governance System 1. Officers of the University 1.1 The Vice President for Academic Affairs Is appointed by the President and reports directly to the President. Is the chief academic officer of the University. In consultation with appropriate faculty committees, and college and school Deans, is responsible for formulating and approving policies relating to the instructional programs in all colleges and schools of the University and for the planning, developing, and the administering of those programs within the scope of policies approved by the Board of Trustees. In the absence or disability of the President, will be the acting chief administrative officer of Lander University, unless another person is designated in writing by the President and/or Chair of the Board of Trustees. Will supervise and direct the activities of Lander University colleges and schools and will approve all academic appointments. Page | 59 Will perform such other duties as may be delegated to the office from time to time by the President. When requested to do so by the President, will represent the President at such times and places as may be appropriate. Is responsible to the President and will perform such other duties as may be delegated to him/her from time to time by the President and will make a written annual progress report to the President on the University’s strategic plan. 1.2 The Vice President for Business and Administration Is appointed by the President and reports directly to the President. Is the chief financial officer of the University. Is responsible for negotiating, monitoring, and securing all University contracts, leases, deeds, and other legal documents. Supports the chief executive officer of the University by providing analytical reports and coordinating staff in connection with all aspects of the financial and business affairs of the University. Is responsible for the coordination of the annual budget, which is submitted to the Legislature and to the Commission on Higher Education. Collects and receives all revenue. Is responsible for paying all salaries, bills, and accounts, and is responsible for examination of all accounts, claims, and demands against the University to insure that the amounts are correct and within the proper budgetary appropriations. Is responsible for maintaining, reviewing, and updating accounting systems. Employs, in consultation with the President, and has direct supervisory responsibility for personnel in the Budget Office, Business Office, the Office of Financial Aid, the Bookstore and Post Office, Purchasing Office, Technical Services, Human Resources, the Print Shop, and the Payroll Department. Is responsible for auxiliary budgets to insure that sufficient funds are available for debt service reserve. Cooperates with all offices of the University in providing for the comfort and general welfare of students. Will provide for an audit of accounts annually, or more frequently if the Board of Trustees so desires. Is responsible to the President and will perform such other duties as may be delegated to him/her from time to time by the President and will make a written annual report to the President. 1.3 The Vice President for Student Affairs Is appointed by the President and reports directly to the President. Is responsible for all aspects of the division of student affairs to include: Page | 60 Residence Life, Student Health Services, Counseling and Substance Abuse Services, Disability Services, Career Services and Employment Center, Campus Recreation and Intramurals, Student Fitness Center, Club Sports, University Pool, Greek Life, Multicultural Programs, Student Conduct Administration, Behavioral Intervention Team, Student Concern Referrals, Student Affairs Assessment, Student Organizations, Student Title IX Coordinator, Equestrian Center, Student Activities and Leadership Development, University Spirit Program (Cheer, Dance, Mascot), Student Life Policies and Procedures. Is responsible for coordinating all student life programs with the university strategic plan. Is responsible for helping develop a campus climate that enhances student learning, student engagement and promotes civility. Is responsible to the President and will perform such other duties as may be delegated to him/her from time to time by the President and will make a written annual report to the President. 1.4 The Vice President for University Advancement Is appointed by the President and reports directly to the President. Is the executive director of the Lander Foundation. Is responsible for the day-today operations of the Foundation. Is responsible for the planning, coordination, and administration of the alumni programs. Is responsible for all fund-raising activities, including capital campaigns, annual giving, and special gifts. Is responsible to the President and will perform such other duties as may be delegated to him/her from time to time by the President and will make a written annual report to the President. 1.5 Executive Director of Athletics Is appointed by and reports directly to the President. Is responsible, as Athletics Director, and under guidelines of the institution, the Peach Belt Conference, the NCAA Division II, and the Southern Association of Colleges and Schools Commission on Colleges, for organizing and administering all aspects of the intercollegiate athletics program, including formulating programs, policies, and procedures. Is responsible, as Coordinator of the intercollegiate athletics facilities, for coordinating all activities in the facilities and ensuring the facilities’ proper use, protection, and maintenance. Is responsible to the President and will perform such other duties as may be delegated to him/her from time to time by the President and will make a written annual report to the President. Page | 61 1.6 The Vice President for Enrollment & Access Management Is appointed by the President and reports directly to the President. Oversees all aspects of student enrollment management and university initiatives. Develops and implements a strategic vision for short and long term enrollment/retention efforts. Provides leadership in achieving enrollment goals by collaborating with the executive leadership team. Is responsible to the President and will perform such other duties as may be delegated to him/her from time to time by the President and will make a written annual report to the President. 1.7 The Vice President for Governmental Relations Is appointed by the President and reports directly to the President. Advocates with the South Carolina General Assembly on issues of importance to Lander University and confer with officials of state government concerning the interest of the University and the impact of proposed legislation. Establish relations with members of the General Assembly, the Governor, and other senior officials whose policies and recommendations impact Lander University. Establishes relationships in Washington, D.C. with senior-level appointed and elected officials to elevate their awareness of regulations and legislative matters that may affect Lander University. Identifies, seeks, and helps secure federal and state funds, grants and contracts to financially support Lander activities. Represents Lander University to appropriate organizations or coalitions; establishes and maintains contacts to aid and foster governmental relations activities. Establishes relationships with local officials in the seven counties directly served and affected by Lander University. Works with local officials across the State as needed. Serves as policy advisor to the University President on issues related to local, state and federal governments and the local community. Is responsible for the administration of University relations and publications. Other duties as assigned. 2. Appointments & Duties of College/School Deans and Department Chairs Page | 62 2.1 Appointments and duties of college/school deans a. Appointments are made by the President in consultation with the Vice President for Academic Affairs b. College/school deans report directly to the Vice President for Academic Affairs and serve for such term and on such conditions as the Vice President and the President shall consider appropriate. c. College/school Deans are responsible for Formulating policies relating to the instructional program in all departments of the college in consultation with appropriate departmental committees and department chairs, and for the planning, developing, and the administering of those programs within the scope of policies approved by the Board of Trustees. Supervising and directing the activities of department chairs within the college. Evaluating faculty and staff members within the college. Recommending to the Vice President for Academic Affairs all appointments to be made within the college. Submitting an outcomes report On July 1 of each year to the Vice President for Academic Affairs, which describes the outcomes of action plans developed the previous November to meet the University’s Strategic Plan. Representing the Vice President for Academic Affairs at such times and places as may be appropriate. Performing such other duties as may be delegated from time to time by the Vice President for Academic Affairs 2.2 Procedure for recruiting and appointment of college/school deans d. When the position of college/school dean becomes vacant, the Vice President for Academic Affairs will obtain a recommendation from the faculty members of the college to conduct an internal or external search. e. After receiving the recommendation of the faculty, the Vice President for Academic Affairs will consult with the President in making the final decision to conduct an internal or external search. f. In consultation with the faculty members of each department, the Vice President for Academic Affairs will appoint a search committee, which the Vice President for Academic Affairs will chair. The search committee will consist of two representatives from each department within the college. Of the two department representatives, one will be the department chair unless the current department chair is a candidate for the position. g. The faculty members of the college will be asked to give their recommendation on all candidates interviewed. Page | 63 h. The Vice President for Academic Affairs will consult with the President, who will make the appointment. The appointment will be announced to the faculty. 2.3 Procedure for recruiting and appointment of department chairs Appointments to the position of department chair (i.e., unit head) are made by the dean of the college/school upon approval of the Vice President for Academic Affairs. Faculty members within a department are consulted by the dean of the college/school for their recommendation. Department chairs shall be appointed to a term of three years. A candidate for department chair should meet the qualifications for (or currently hold) appointment at the rank of Associate Professor or Professor within the department and should meet the qualifications delineated in the published job description filed in the Office of Academic Affairs. During September of the third year of a department chair’s term, the following will occur: The dean of the college/school will inquire in writing whether the current department chair wishes to continue in that position; and The dean of the college/school will request that faculty members of the department involved to individually indicate whether the position should be declared open. The dean of the college/school will then send the results of the poll, including the number of votes for and the number of votes against, to each faculty member of that department. The current department chair will serve another three-year term if all of the following conditions exist: A simple majority of the faculty of the department do not wish to open the position; and The current department chair wishes to continue in that position; and The college/school dean in consultation with the Vice President for Academic Affairs, agrees. By October 15, the individual, as well as the department faculty, will be notified of the decision. The dean of the college/school, in consultation with the Vice President for Academic Affairs may declare the position open if any one of the following holds true: The current department chair no longer chooses to serve or is for some reason unable to serve in that position; In response to the request from the dean of the college/school, a simple majority of the department faculty indicates its preference to open the position; or Page | 64 The dean of the college/school, in consultation with the Vice President for Academic Affairs, deems that it would be in the best interests of the University. If the position is opened, the dean of the college/school will seek input from the department whether the faculty recommends an internal or external search. The dean of the college/school will seek other information from the department faculty and any other persons he or she deems pertinent. The dean of the college/school will then consult with the Vice President for Academic Affairs who will decide if the search is to be internal or external. If an internal search is conducted, the current department chair will be eligible for nomination, as will any other faculty member who meets the qualifications. The dean of the college/school will solicit nominations from the department faculty members concerning their choice for department chair. All nominations should be submitted to the dean of the college/school in writing by November 1. The dean of the college/school will contact each nominee to determine his or her willingness to serve as department chair. If more than one individual is nominated and is willing to serve, the dean of the college/school will convene a meeting of the department. During this meeting, each candidate will (not in the presence of any other candidate[s]) state why he/she wishes to be (or continue to be) department chair, will suggest overall goals and objectives for the department, and will offer a possible three-year plan to accomplish those goals and objectives. The faculty members will have time during this meeting to ask questions Every member of the department is encouraged to meet individually with the dean of the college/school by December 5 for a review of the state of the department--its strengths and weaknesses--and the kind of leadership required. During these consultations, the dean of the college/school is not precluded from seeking advice regarding these same matters from any other persons deemed suitable by the Vice President for Academic Affairs and/or the President. The faculty of the department should give individual recommendations (with reasons) in writing to the dean of the college/school by December 12. The dean of the college/school will consult with the Vice President for Academic Affairs. Upon authorization by the Academic Vice President, the college/school dean will make the appointment and has the right to appoint any qualified individual. 2.4 Duties of Department Chairs The duties of the department chair will be developed by the college/school dean in consultation with the appointee and will be incorporated into the chair’s employment contract. 3. University Committees Unless otherwise specified, faculty members will be selected by the provost in consultation with the deans. 3.1 Academic Honor Council 3.1.1Membership Page | 65 The Honor Council will consist of eight voting members and the Vice President for Student Affairs (non-voting). The voting members will consist of four students and four faculty members. The students, who must be at least rising juniors, will be elected to the Council through the Student Government Association. The faculty members will be appointed by the President after nominations are provided by the Faculty Senate. Faculty members shall serve for three years and shall be eligible for reappointment after one year has passed since their previous appointment. 3.1.2Function The Council conducts hearings when an allegation is made that a student has violated the Lander University Honor Code. 3.1.3 Procedures The procedures followed by the Academic Honor Council are detailed in Section VI of this document. The Council reports to the Faculty Senate and the Student Life Council. 3.2 Admissions and Petitions Committee 3.2.1 Membership The Admissions and Petitions Committee will consist of the Registrar, Chair; the Director of Career Services; the Director of Academic Success Center; 2 faculty members from each college and 1 faculty member from the Jackson Library. Faculty members shall serve for three years and shall be eligible for reappointment after one year has passed since the end of their previous appointment. 3.2.2 Function The Committee will make recommendations to the appropriate administrative or faculty bodies on all matters of undergraduate admissions policies and procedures, and will serve as a review board on written petitions from students seeking specific relief from the application of academic policy. It shall recommend action on student petitions to the Vice President for Academic Affairs. 3.2.3 Procedures The Committee meets at least once every month at the call of its Chair to perform its functions as stated above. The Committee reports to the full faculty. 3.3 Advisory Committee on the Disabled 3.3.1 Membership The Advisory Committee on the Disabled will consist of the Director of Human Resources, Chair; the Director of Engineering Services; the Vice President for Academic Affairs; the Vice President for Student Affairs; three members of the faculty; the Advisor for Disabled Students; two students; and the Director of Student Health Services. Faculty members shall serve for three years and shall be eligible for reappointment after one year has passed since the end of their previous appointment. Page | 66 3.3.2 Function The Committee provides counsel and suggestions to the University to aid in ensuring that the institution is providing equal opportunity accessibility to individuals with disabilities and/or impairments. 3.3.3 Procedures The Committee meets periodically at the call of its Chair for the specific purposes of continuing to evaluate the facilities of the University to insure accessibility; to evaluate University policies and procedures within the parameters of the Committee’s responsibility; to provide counsel to the University on any ADA-related issue; and to update, monitor, and fulfill Lander University’s Transition Plan goals. The Committee reports to the President. 3.4 Athletics Committee 3.4.1 Membership The Athletics Committee shall consist of four faculty members, including the Faculty Athletic Representative, Chair; two students; two alumni; the Director of Athletics; the Senior Woman Athletics Administrator; and the head coaches of all Lander University intercollegiate teams. The intercollegiate coaches will be nonvoting members. Faculty members, excepting the Faculty Athletic Representative, shall serve for three years and shall be eligible for reappointment after one year has passed since the end of their previous appointment. 3.4.2 Function The Committee’s purpose is to provide liaison between the students, faculty, and administration concerning the athletic program of the University. The Committee will ensure that the philosophy and policies of the athletics program are in harmony with the institution’s Mission Statement and Statement of Purpose. The Committee will also oversee athletic matters relating to institutional effectiveness, as mandated in the criteria stipulated by the Commission on Higher Education and on accreditation matters dictated by the Southern Association of Colleges and Schools. 3.4.3 Procedures The Committee meets periodically at the call of its Chair to perform its function as stated above. The Committee reports to the full faculty. 3.5 Bloodborne Pathogens Committee 3.5.1Membership The Bloodborne Pathogen Committee shall consist of the University Safety Officer, Chair; the Director of Student Health Services; a representative from Human Resources; and the supervisor, or the supervisor's designee, from each area where employees may have an occupational risk of exposure to bloodborne pathogens. Page | 67 3.5.2 Function The committee reviews and updates the Lander University Bloodborne Pathogen Exposure Control Plan on an annual basis, examines questions arising from established practices and procedures, and serves as a review board for issues relating to the bloodborne pathogen exposure control plan. 3.5.3 Procedures The Committee meets periodically at the call of its Chair to perform its function as stated above. The Committee reports to the President. 3.6 Co-Curricular Programs Committee 3.6.1 Membership The Co-Curricular Programs Committee shall consist of the Director of Student Activities , Chair; the Vice President for Student Affairs; the Assistant Director of Residence Life; the Director of Intramurals; the Executive Director, Lander-Greenwood Performing Arts; two faculty members; one representative from the Student Activities Office; one representative from Multicultural Affairs; one representative from University Program Council; one student representative of the Intramural staff; two students at large. 3.6.2 Function The committee serves in an advisory capacity for the directors in the areas of student activities, student organizations, and intramurals. Its responsibilities include, but are not limited to, developing policies and procedures, acting as judicial body for organizational policy violations; allocating student activity fees; and making recommendations to appropriate committees for the improvement of Lander University's cocurricular program. Additionally, the committee selects, nominees for Who's Who and the student Life Award winners. 3.6.3 Procedures The committee will meet on a monthly basis from September through April. Approved minutes will be sent to the President, all Vice Presidents, the Student Association Government President, and the Chair of the Student Life Committee. The committee reports to the Student Life Council. 3.7 Experience Your Education (EYE) Program Council 3.7.1 Membership The EYE Program Council shall consist of the Director of the EYE Program (Chair), the Vice President for Academic Affairs, Director of University Assessment, a faculty representative from each college and the library, Director of Career Services, Director of Student Activities, Director of Admissions, a student representative from each academic class, and community representatives appointed by the President. Page | 68 3.7.2 Function The council advises the Director of the EYE Program on issues related to the management, assessment, and improvement of the EYE Program. 3.7.3 Procedures The council meets periodically at the call of the Director of the EYE Program to review the status of the program. Several sub-committees of the council meet periodically at the call of the Director of the EYE Program to approve new activities, analyze assessment data, and plan program improvements. The council reports to the Vice President for Academic Affairs. 3.8 EXPO Orientation Advisory Committee 3.8.1 Membership The EXPO Orientation Advisory Committee will consist of the Vice President of Student Affairs, Chair; the Administrative Coordinator, Student Development, (secretary); ; the Assistant Dean of Students/Multicultural Student Affairs; the Assistant Dean of Students/Counseling Services; the Vice President for Student Affairs; the Vice President for Academic Affairs; the Director of Academic Success Center; Coordinator of Academic Center; the Assistant Director of Residence Life; the Director of Student Health Services; one representative from the University Police Department; one representative from the Business Office; one representative from the Physical Plant; one representative from Information Technology; and three students. 3.8.2 Function This committee reviews EXPO procedures and processes, and advises and recommends to the Director of EXPO any adjustments needed to ensure that the EXPO Orientation program is as effective as possible. This committee serves as a forum to discuss issues related to EXPO and any activities associated with the EXPO program. Committee members also represent various sectors of the University in speaking to the role, scope, and operation of EXPO. 3.8.3 Procedures The committee will meet on an as-needed basis as determined by the Advisory Committee. Approved committee minutes will be sent to the President, all Vice Presidents, and the Student Government Association President. The committee reports to the Student Life Council. 3.9 Financial Aid Scholarship Committee 3.9.1 Membership The Financial Aid Scholarship Committee shall consist of each of the four vice presidents (or respective designee) and the Athletic Director (or designee). The Directors of Financial Aid and Admissions will serve ex officio and without vote to advise and assist the Committee in its deliberations. Page | 69 3.9.2 Function The Committee will perform three key responsibilities: 1. establish and, when appropriate, revise guidelines for the award of those scholarships previously under the discretion of the Director of Financial Aid, and receive recommendations from the Directors of Financial Aid and of Admissions on student recruits for approval; 2. advise the President regarding the awarding of scholarship funds under the discretion of the President; 3. serve as an appeals board when a student seeks redress regarding a decision made concerning scholarship funds. 3.9.3 Procedures The Committee chair will annually be elected from and by the voting members of the Committee. The Committee will meet at least annually, called together by the previous year’s chair. The Committee reports to the President. 3.10 Foundation Grants Committee 3.10.1 Membership The Committee on Lander Foundation Grants shall consist of the members of the Senate Faculty Grants committee; one faculty member from each of the four colleges; the Vice President for Academic Affairs, who serves exofficio on the Senate Committee and will also serve ex-officio on this committee; and the Lander Grants Coordinator, who will serve as an exofficio member of this committee. Faculty Senate Grants Committee members serve during their appointment to that Committee. Other members are appointed annually by the President. No faculty member may serve more than three consecutive years. No faculty member may submit a grant application while serving on the Committee. The chair of the Senate Faculty Grants Committee will serve as chair of the Committee on Lander Foundation Grants. 3.10.2 Function The Committee reviews applications for Lander Foundation Faculty Grants, ranks them according to their merit in compliance with pertaining guidelines and, through the Vice President for Academic Affairs, makes recommendations to the Lander Foundation on the funding of all submitted applications. 3.10.3 Procedures The committee meets at least three times a year: (i) before the application deadline in order to clarify procedures; (ii) following the receipt of applications in order to review their merit and compliance with appropriate guidelines, to rank them, and to recommend dollar amounts for each depending on the funds available; and (iii) after completion of the deliberations in order to assess the effectiveness of guidelines and procedures. If appropriate, the committee then recommends changes to the Page | 70 Faculty Senate through the Faculty Senate Grants Committee and to the Lander Foundation Faculty/Staff Development Committee through the Vice President for Academic Affairs. The Committee reports to the Faculty Senate and the Lander Foundation Faculty/Staff Development Committee. 3.11 Graduate Programs Committee 3.11.1 Membership The voting membership of the Graduate Programs Committee will consist of the Vice President for Academic Affairs, the college deans, the coordinator(s) for each graduate program, the Dean of Enrollment Management, and the chair of the Senate Curriculum Committee. Nonvoting membership of the committee may consist of admissions officers named by the dean of enrollment management and administrative support staff named by the college deans. 3.11.2 Function The Graduate Programs Committee shall exercise oversight of graduate educational programs and graduate student policies. The Committee will review and recommend graduate admissions policies, hear petitions of graduate students, review and approve all graduate course proposals (activations, deactivations, and modifications). The Committee will also develop and review means for evaluating graduate admissions policies, graduate academic programs, and academic standards, monitor these evaluation processes, and make recommendations for change. 3.11.3 Procedures The chair of the committee will be chosen annually by the members of the Committee. The Committee will meet on the first Wednesday of the month at 4:00 pm or as often as necessary as determined by the chair but not less than once per semester. All actions and votes shall be reflected in the minutes of each meeting. Policy recommendations must be approved through normal Faculty Senate procedures. 3.12 Health Advisory Committee 3.12.1 Membership The Lander Health Advisory Committee shall consist of the Director of the School of Nursing (or designee), Chair; VP for Student Affairs (or designee); Chief of the University Police Department; the Director of Intramurals; one representative, Office of Residence Life; one representative, Counseling Services; one representative, Office of Admissions; the Director of Student Health Services; the Athletic Director (or representative from the Page | 71 Department of PEES); one representative, the Student Government Association; one Resident Assistant; one upperclassmen nursing student; one Lander President's Leadership Program student residing in a residence hall; one representative, B.M. Montgomery Family Practice Center; and one representative, Upper Savannah Health District. Other members may be appointed at the discretion of the chair. 3.12.2 Function The function of the Lander Health Advisory Committee is to promote the health status of the Lander University community, defined as Lander students, staff, and faculty. The committee will recommend policies and programs concerning the Lander Student Health Service specifically and Lander community health matters generally, in so far as these policies and programs do not require the direct outlay of university resources beyond services provided to residential students. These recommendations will be conveyed to university administrative officials through the Dean of Students. 3.12.3 Procedures The committee will each year appoint a subcommittee to plan and organize an annual program for health education presentations and activities for the Lander community. The Director of Student Health Services generally will chair this subcommittee. 3.13 Honorary Degree/Medallion Committee 3.13.1 Membership The Honorary Degree/Medallion Committee shall consist of the President, Chair; and three tenured members of the Lander University faculty. 3.13.2 Function The committee recommends, through the President to the Board of Trustees, candidates for honorary degrees and medallions of honor. 3.13.3 Procedures The committee meets periodically at the call of the chair to review nominations received for either honor. Nominations for honorary degrees and medallions of honor are accepted on a continual basis from the Lander community. Approval for either honor rests with the Board of Trustees. The committee reports to the Board of Trustees. 3.14 Honors Committee 3.14.1 Membership The Honors Committee shall consist of the Director of the Honors College (chair), the four current Honors Advisors (representing each academic college) and one additional faculty member from each college. Members shall serve for three years. Page | 72 3.14.2 Function The committee establishes procedures and guidelines concerning the honors curriculum, including appropriate rotation of HONS seminars as well as the review and approval of faculty proposals for new sections of HONS courses. 3.14.3 Procedures The committee meets at the call of the Chair to review progress toward completion of assigned tasks. The committee shall report to the chief academic officer. 3.15 Institutional Animal Care and Use Committee 3.15.1 Membership The membership of the Institutional Animal Care and Use Committee shall consist of the Dean of the College of Science and Mathematics, Chair; a Doctor of Veterinary Medicine; a practicing faculty scientist; a full-time employee that is not involved in animal research; and a community member. Members serve three years terms and are eligible for reappointment at the end of their respective term. 3.15.2 Function The Institutional Animal Care and Use Committee is charged with reviewing and approving all proposed uses of live vertebrate animals in teaching and research.3.15.3 Procedures The Committee meets periodically at the call of its Chair to perform its function as stated above. The Committee reports to the VP of Academic Affairs. 3.16 Institutional Review Board 3.16.1 Membership The membership of the Institutional Review Board shall consist of one member from each of the following academic departments: Business, Nursing, PEES, Psychology, and Sociology and one member from the community. Members serve three years terms and are eligible for reappointment at the end of their respective term. 3.16.2 Function The purpose of the Institutional Review Board is to review applications for proposed human subjects research and to determine adherence to the guidelines for ethical research. The committee operates in accordance with the Code of Federal Regulations for research with human subjects and in compliance with the policies set forth in Section IV of the Lander University Faculty Handbook.3.16.3 Procedures The Committee meets periodically at the call of its Chair to perform its function as stated above. The Committee reports to the VP of Academic Affairs. 3.17 Study Abroad Program Committee Page | 73 3.17.1 Membership The Study Abroad Program Committee shall consist of the Director of the Study Abroad Program, chair; one faculty member from each of the four colleges; one alternate from each of the four colleges; the Director of the Honors College; a representative from the Office of International Programs and two students who have participated in a Study Abroad experience. Faculty members will serve three year terms with reappointment possible. Students will serve one year terms with reappointment possible. 3.17.2 Function The committee shall advise the Director of the Study Abroad Program on all matters concerning the program including, but not limited to, requirements for participating in the program. 3.17.3 Procedures The committee shall meet at least one time each semester. The committee shall report to the chief academic officer. 3.18 Multicultural Student Life Council 3.18.1 Membership The Multicultural Student Life Council shall consist of the Assistant Director of Student Activities/Coordinator of Multicultural Affairs, Chair; the Vice President for Student Affairs; the Vice President of Student Affairs; one student representative from Minorities On the Move; one minority staff member; one minority faculty member; two minority students at large; and a representative from student services 3.18.2 Function The council pro-actively advises the University regarding issues and ideas related to minority student life. For this purpose, “minority” refers to those students not of white American background, including international students. Among the council’s responsibilities are included: serving as a sounding board for minority student concerns, with recommendations made to the Assistant Dean of Students/Minority Student Affairs and appropriate others; generating ideas to encourage improved multicultural awareness; monitoring University policy impact on overall minority student life, including minority student organizations and activities; serving as a catalyst to stimulate improved interaction among students (majority with minority and minority with minority), with special emphasis on student organizations; serving as an advisory clearinghouse for activities, especially during peak months (January and February) of minority student events. 3.18.3 Procedures Meetings will be held monthly. Meeting dates and times will be arranged at the beginning of each semester. Minutes from the meeting will be distributed to Multicultural Student Life Council members, Student Life Council members, Academic Deans and Chairs, the Faculty Senate Chair, Vice Presidents, and the President. Page | 74 The council reports to the Student Life Council. 3.19 National Collegiate Athletic Association Compliance Committee 3.19.1 Membership The NCAA Compliance Committee shall consist of the Lander University NCAA Director of Compliance, Chair; the Director of Admissions; the Director of Financial Aid; the Registrar; the Faculty Athletic Representative; the Senior Woman Administrator; and the Director of Athletics. 3.19.2 Function The committee exists to ensure the institution’s compliance with all rules, regulations, and guidelines of the National Collegiate Athletic Association. The committee is responsible for determining that all applicable rules and regulations of the Association are followed in the institution’s conduct of its intercollegiate athletics program. It will monitor all programs to assure compliance and to identify and report to the Association instances in which compliance has not been achieved. The committee is responsible to determine compliance on the part of institutional staff, student/athletics, and other individuals and groups which represent the institution’s athletics interest, ensuring compliance with all applicable Association rules. 3.19.3 Procedures The committee meets periodically at the call of its chair to perform its function as stated above. The committee reports to the President. 3.20 Parking and Traffic Committee 3.20.1 Membership The Parking and Traffic Committee shall consist of the Chief of University Police, Chair; two faculty representatives; one University Police representative in addition to the committee chair; one Physical Plant representative; one Athletics representative; one Financial Affairs representative; and three students. 3.20.2 Function The committee has two primary functions. First, the committee serves as a judicial board to hear and rule on appeals of Lander University parking and traffic citations and towing charges. In addition, the committee is to review traffic and parking regulations and make recommendations to the President regarding all aspects of the parking policy and facilities of the University. 3.20.3 Procedures The committee meets periodically at the call of its chair. Approved minutes will be sent to the President, the Vice Presidents, the Chair of Faculty Senate, and the Student Government Association President. The committee reports to the Student Life Council. 3.21 Public Safety Committee Page | 75 3.21.1 Membership The Public Safety Committee shall consist of the Vice President for Student Affairs, Chair; the Administrative Assistant of Student Affairs, Secretary; the Director of Residence Life; the Chief of University Police; the Facility Coordinator of the Joe V. Chandler PEES Center; the Director of Health Services; the Maintenance Superintendent; two faculty members; and two students. 3.21.2 Function The committee receives recommendations from the members of the University community and University committees concerning safety on campus, primarily in relation to hazardous weather and lighting and the safety and security of individuals in the University community as well as of their property. 3.21.3 Procedures The committee will conduct safety walks in August and March of each year, as scheduled by its chair. The committee will meet as needed to review recommendations that may be forwarded to it by members of the University community. The committee reports to the Student Life Council. 3.22 Retention Council 3.22.1 Membership The Retention Council shall consist of the Vice President for Student Affairs (non-voting); Student Services Program Coordinator; the Director of Admissions; the Director of Institutional Research; the Dean of Enrollment Services; Director of the Academic Success Center; Counselor; the Student Services Program Coordinator; three faculty members; the Superintendent of Grounds; and one freshman, one sophomore, one junior, and one senior student. No faculty member will serve for more than three consecutive years, and the students will serve throughout their term of enrollment at Lander. The President may also make additional appointments that he feels will benefit the committee. 3.22.2 Function The Council monitors and makes appropriate recommendations directly to the President concerning the retention or attrition of students who are academically and behaviorally eligible to continue at Lander. 3.22.3 Procedures The Council normally meets monthly during the fall and spring semesters. The Council reports to the President of the University. 3.23 Student Life Council 3.23.1 Membership Page | 76 The Student Life Council shall consist of the Vice President for Student Affairs, Chair; the Administrative Assistant to Student Affairs, Secretary; Coordinator of Multicultural Affairs and Director of Co-Curricular Activities; one Physical Plant representative; the Director of Financial Aid; the President of Student Government Association; the Chief of University Police Department; the Director of Residence Life; the Director of Counseling Services; the Chair of the Faculty Senate; one freshman student from the Lander President’s Leadership Program; one residence hall student (upperclassman); one commuting student (upperclassman); one minority student (upperclassman); one non-traditional student and the Coordinator for Student Life. 3.23.2 Function This committee provides overall direction and coordination of University student life, including recommendations to the President regarding policies pertaining to student life. The Student Life Council develops policies and regulations governing the establishment and conduct of all student life, student groups, student publications, organizations, and co-curricular programs. The Student Life Council makes recommendations to appropriate persons concerning residence life, food and health services, public safety, intramurals, co-curricular activities, counseling, career services, minority student affairs, and other related activities and programs. The Student Life Council establishes appropriate judicial committees and such other committees as it deems necessary to meet student needs. Following approval by the Student Senate and the Co-Curricular Programs Committee, the Student Life Council approves the student activities budget and applications for student organization charters. The Student Life Council is also responsible for assessing student life programs and services as well as conducting periodic open student forums. In this capacity, the Council: (1) reviews results of student opinion polls and open student forums so as to determine the effectiveness of student life/student development programs and services; (2) makes appropriate recommendations concerning future student growth to ensure that the student life programs are adequately staffed and funded to maintain an excellent living/learning environment throughout the campus; (3) meets regularly with student life committees to ensure that the student life/development needs of all Lander students, as well as significant student subpopulations are being served; and (4) serves as a sounding board for concerns related to quality of life and the Lander experience from acceptance to graduation. 3.23.3 Procedures The Council will meet monthly from September to April. Approved Council minutes will be sent to the President, the Vice Presidents, the Chair of the Faculty Senate, the Student Government Association President, and chairs of all University student life committees. Page | 77 3.24 Teacher Preparation Executive Council 3.24.1 Membership Dean of the College of Education, who will serve as the Chair; Chair of the Department of Teacher Education, Program Coordinators of all certifying areas (i.e., art, early childhood, elementary, English, math, music, physical, social studies, and special education), Director of Graduate Studies, all Department of Teacher Education full-time faculty members, two public school administrators, two public school teachers, one community member, one former student, three current student(s) (one elementary or early childhood major, one K-12 or secondary major, one graduate student), Teacher Education Accreditation Coordinator 3.24.2 Function The committee reviews and/or recommends curricular or policy changes affecting teacher education majors; disseminates curricular and policy changes to Academic Units; and reviews and disseminates information on State laws and State Department of Education policies. 3.24.3 Procedures The Committee meets once annually and as needed at the call of its Chair. All actions and votes are reflected in the minutes which are submitted to the President, the Vice President for Academic Affairs, and the Academic Unit Heads. The committee reports to the Department of Teacher Education. 3.25 Teacher Preparation Advisory Sub-committee 3.25.1 Membership Dean of the College of Education, Chair of the Department of Teacher Education, Director of Graduate Studies, a representative from the Teacher Preparation Accreditation and Accountability Sub-committee, two public school teachers, two public school administrators, a member from the Western Piedmont Education Consortium, former student, three current students, and Teacher Education Accreditation Coordinator (ex-officio). The chair will be elected from eligible committee members at the first committee meeting of the academic year. 3.25.2 Function This Council (sub-committee) advises the University Council on Teacher Education in matters related to program development, public school relationships, legislative mandates, and suggests future direction for program growth and development. All recommendations will be reflected in the minutes of each meeting. 3.25.3 Procedures The Council (sub-committee) will meet twice yearly (once each semester) or as often as deemed necessary by the chair. The committee reports to the Dean of the College of Education. 3.26 Teacher Preparation Accreditation and Accountability Sub-committee Page | 78 3.26.1 Membership Teacher Education Accreditation Coordinator, all faculty members of the Department of Teacher Education, representatives from each certifying program (e.g., art education, math education), Director of Graduate Studies. The chair will be the Accreditation Coordinator. 3.26.2 Function The council (sub-committee) approves program changes as proposed by program coordinators, coordinates course scheduling across colleges, and proposes programmatic changes. The council (sub-committee) also reviews accreditation guidelines, creates and maintains data bases related to teacher education issues, and oversees and supports the production of reports as needed to maintain accreditation. 3.26.3 Procedures The Council (sub-committee) meets twice a semester and as needed at the call of the Chair who shall be the standing Accreditation Coordinator. All actions and votes will be reflected in the minutes. Recommendations related to program changes will be forwarded to the chair of the appropriate discipline area. Recommendations related to course additions, deletions, and modifications will be recorded on the appropriate form and forwarded to the appropriate Department Chair. Reports produced for accreditation and assessment purposes shall be forwarded to the appropriate chair or dean. All reports and actions are also reported to the chair of the Dean of the College of Education. 3.27 Tenure and Promotion Committee 3.27.1 Membership The University Tenure and Promotion Committee shall consist of tenured faculty members who are not Deans or Department Chairs, and who will not apply for promotion or serve on the Faculty Senate during their term of office. The committee will have one member from each college or school. In the event of an even number of colleges and schools, an additional at large member will be elected. Committee members serve three-year nonconsecutive staggered terms. The Chair of the Committee will be elected from among its members at its first meeting of the year. 3.27.2 Function The primary role of the University Tenure and Promotion Committee is to evaluate the extent to which all University criteria for tenure and promotion have been met and to ensure that due process has been followed at all stages of the review process. The Committee is a non-policy-making committee which will apply the procedures and policies of the Faculty Handbook in making tenure and promotion recommendations to the President of the University. 3.27.3 Election Process The Elections Committee of the Faculty Senate shall prepare slates including all eligible and willing nominees from each college, school, and the faculty at Page | 79 large if applicable. Faculty from each college or school will be eligible to nominate and vote for the member from their respective college or school and all faculty will be eligible to nominate and vote for an at large member. If no member of a college is both eligible and willing to serve on the committee, the committee shall have an additional three-year at large member nominated and elected by all faculty. The nomination and election process may be held using online voting methods such as Blackboard. The Tenure and Promotion Committee election process shall be completed immediately before the spring nomination and election of Faculty Senators. A majority vote is needed for election. Should one or more posts remain to be filled after any ballot, another ballot shall be held. The slate for second and succeeding ballots shall include twice the number of candidates as there are posts to be filled. These candidates shall be those receiving the highest numbers of votes on the previous ballot. 3.27.4 Procedures The University Tenure and Promotion Committee follows the policies and procedures as set forth in the Faculty Handbook, Section IV, 8 and 9. Questions of policy or procedure should be directed to the Chair of the Faculty Senate. 3.28 Undergraduate Programs Committee 3.28.1 Membership The membership of the Undergraduate Programs Committee shall consist of the six academic deans, the director of admissions, the director of library services, the chair of the Curriculum Committee, the chair of the Faculty Senate, the Vice President for Enrollment and Access Management, and the Associate Provost who will chair the Committee. 3.28.2 Function The Committee has the following functions: It approves all undergraduate course activations, deactivations, and modifications proposals. Approved proposals are to be submitted to the Curriculum Committee for its approval and recommendations to the Faculty Senate. Results of general education assessment by the University s Director of Assessment will be forwarded to the UPC for its review. Based on assessment results, the UPC shall make recommended changes to the general education program to the Curriculum Committee. 3.28.3 Procedures The committee will meet on an as needed basis to review and approve undergraduate course modification/addition/deletion proposals and student petitions. In addition, the committee will annually review general education program assessment results and recommend needed changes, as indicated by the assessment results. In addition the UPC shall make recommended changes to the general education program, which may be forthcoming from outcomes of the University’s strategic planning initiatives. 3.29 University Planning and Assessment Committee Page | 80 3.29.1 Membership The University Planning and Assessment Council shall consist of the Vice President for Academic Affairs, Chair; the Vice President for Business and Administration; the Vice President for Student Affairs; the Vice President for University Advancement; the Athletic Director; the Chair of the Faculty Senate; the Budget Director; the Director of Assessment and Planning; the Registrar and Director of Institutional Research; and the Student Government Association President. 3.29.2 Function The University Planning and Assessment Council serves as an advisory committee to the President and to the University in coordinating the functions of planning, assessment, and budget for the University. 3.29.3 Procedures The Council will meet at the call of its Chair to determine its meeting schedule for the year to receive reports and to advise the University and the President on integrating the information resulting from assessment with the planning and the budgeting throughout the University. Whenever possible, existing governance and administrative structures and channels of communication will be utilized for planning, assessment, and budgeting so as to promote efficiency, avoid unnecessary deliberation, and encourage greater awareness and use of planning information. The use of information derived from assessment, rather than its collection, will be the purpose of all institutional and planning and budgeting efforts and is the major function of the Council. The Council reports to the President. Page | 81 VI. University Policies 1. ACADEMIC HONOR CODE In order to maintain a high standard of academic excellence, Lander University has adopted an Academic Honor Code for which both faculty and students are responsible. The University affirms its trust in the ability of the faculty and students to be self-disciplined, responsible, and honorable in the pursuit of academic goals. 1.1 Faculty Responsibilities Lander University subscribes to the (2009) American Association of University Professors Statement on Professional Ethics. Part II of that Statement says: "Professors make every reasonable effort to foster honest academic conduct and to ensure that their evaluations of students reflect each student's true merit." To uphold the Academic Honor Code the faculty of Lander University is expected to: a. Place in each syllabus a reference to and discuss with students the Academic Honor Code of Lander University. b. Exercise due caution in the preparation, distribution, administration, and security of all exams to prevent any student from gaining an improper advantage over his/her counterparts. Exercise due caution when making other written assignments (e.g., term papers, lab reports, projects, etc.). c. Initiate action against violators of the Academic Honor Code as prescribed by the Code. d. Be truthful in all discussions and hearings related to any infractions of the Honor Code. 1.2 Student Responsibilities By electing to enroll at Lander University, the student unconditionally agrees to uphold the Academic Honor Code. It is the responsibility of each student: a. To refrain from giving or accepting unauthorized aid while undertaking any academic activity. b. To submit each piece of academic work only once during the student's entire enrollment at Lander unless written permission is obtained from the teacher of the subsequent course to which the material will be submitted. Academic work includes papers, articles, class journals, written or oral reports, computer or science laboratory reports, works of art, and musical performances. c. To refrain from falsifying data, information, or citations in academic work being submitted as a requisite of a course. d. To refrain from attempting to have a grade changed on a returned exam by falsifying recorded answers. e. To submit only his or her original work. This prohibits copying, participating in unauthorized collaboration, and committing plagiarism. Plagiarism is defined in the Lander University Student Handbook. Page | 82 f. To refrain from giving exam information to students who have yet to take that same exam. g. To be truthful in all discussions and hearings related to any infractions of the Honor Code. h. To report to the instructor of the course concerns about the integrity of academic activities, or infractions of the Code. The concern or infraction can be reported to the instructor either verbally or in writing. i. To hold in confidence any privileged information obtained during the academic process. j. To be knowledgeable about the University's policies on "academic honesty" and "plagiarism," as these are described in the current issue of the Student Handbook. 1.3 Faculty Rights Faculty rights under the Academic Honor Code include the right to: a. Expect students to be accountable for their own behavior, including their own learning. b. Question any student behavior which appears not to adhere to the statement of Student Responsibilities contained in the Code. c. Request a hearing, and present evidence and witnesses to support the allegation of a violation of the Honor Code. d. Be accompanied at the hearing by an advisor from on campus. The advisor cannot be an attorney nor can he or she enter into discussions (with anyone other than the faculty member) during the hearing. 1.4 Student Rights Student rights under the Academic Honor Code include the right to: a. Expect faculty to conduct academic activities in a timely, appropriate manner, and to be fair-minded and impartial. b. Be presumed innocent until he or she admits guilt or is proven guilty. c. Have fair and impartial hearings, including the right to present contradicting evidence, to be provided prior to the hearing a copy of written evidence to be used during the hearing, to present witnesses, and to have access to an advisor from on campus. d. Be accompanied at the hearing by an advisor from on campus. The advisor cannot be an attorney nor can he/she enter into discussions (with anyone other than the student) during the hearing. 1.5 Initial Faculty Response to a Possible Violation A faculty member who has reason to believe that a student has violated the Academic Honor Code shall discuss the matter confidentially with the student(s). If the student admits the infraction, the faculty member may elect one of the two following courses of action: Page | 83 a. Award the student a failing grade or a grade lower than he/she would otherwise award for either the academic work in question or the course. Copies of a written statement summarizing the infraction and the penalty, signed by both the faculty member and the student, shall be provided to the professor, the student, and the Academic Honor Code file in the office of the Vice President for Academic Affairs. -orb. Request a hearing and determination of the matter by the Honor Council. If the student denies the infraction, the faculty member may dismiss the matter without further action or refer the matter to the Honor Council. Upon referring a matter to the Honor Council the faculty member agrees to abide by the decision of the Honor Council. 1.6 Initial Student Response to a Possible Violation A student or group of students encountering what is believed to be an infraction of the Academic Honor Code by another student or group of students may report the infraction to the instructor of record for the course and request that he or she take action by carrying out the Initial Faculty Response to a Possible Violation. A student or group of students encountering what is believed to be an infraction of the Academic Honor Code by the instructor of a course may obtain a Referral Form from the Office of the Registrar and follow the steps outlined on that form. Note that failure to initiate action against violators of the Honor Code is an infraction (Faculty Responsibilities item c). 1.7 Referral to the Honor Council Should an alleged violation of the Academic Honor Code be referred to the Honor Council, the individual alleging a violation of the Honor Code shall file a written report to the Vice President for Student Affairs within five (5) calendar days of discovering the alleged infraction, or of discussing the matter with the accused, whichever is longer. The report must include: the name(s) of the accused student(s) the specific Honor Code violation an explanation of the alleged infraction a copy of any written evidence the time, date, and place of the alleged infraction, if appropriate the name(s) of any witness(es) 1.8 Notification of Referral to Honor Council 1. Within five (5) days of receiving the report, the Vice President for Student Affairs or a designee must inform the student and the Vice President for Academic Affairs by letter that the student is accused of a violation. The letter shall contain the specific charges made against the student. 2. The student may, after consultation with the Vice President for Student Affairs or designee and within five (5) days of being notified of the charges, elect one of three courses of action: Page | 84 a. The student may admit the alleged violation, waive a hearing in writing, and request that the Honor Council determine appropriate action. b. The student may admit the alleged violation in writing and request a hearing by the Honor Council. c. The student may deny the alleged violation in writing, in which case the Vice President for Student Affairs or designee shall schedule a hearing before the Honor Council. 3. In all cases in which a hearing is held, the Vice President for Student Affairs or designee shall notify the student and the accuser in writing at least seventy-two (72) hours in advance of the date, time, and place of the hearing. 1.9 Honor Council Procedures 1. The Chair of the Honor Council shall conduct hearings as specified by the Rules Governing Honor Council Hearing. 2. The student and the accuser shall be entitled to appear in person at the hearing to present testimony. It may not be possible to secure the presence of all witnesses since the Honor Council has no power of subpoena. 3. The student may elect not to appear before the Honor Council. The failure of a student to appear shall not be taken as indicative of guilt and must be noted without prejudice. 4. Should the accused and/or the accuser so desire, he/she may be accompanied at the hearing by an advisor from on campus. The advisor shall not be an attorney and cannot enter into any discussions with anyone other than the student. 5. The student and the accuser shall be allowed to present oral and/or written testimony and/or witnesses in his/her behalf. 6. The accused and the accuser each have the right to be present throughout the presentation of testimony. 7. Each side shall be given a chance to present its position separately without interruption from the other side. 8. After presentation of both positions, rebuttal and questions shall be allowed. 9. The decision of the Honor Council shall be communicated in writing to the student, the accuser, and the Vice President for Academic Affairs by the Vice President for Student Affairs within seventy-two (72) hours after the decision and shall specify the action taken by the Honor Council. The Chair of the Honor Council shall deliver a copy of the Council's findings to the Academic Vice President for inclusion in the Academic Honor Code file. 10. Should the Honor Council find the student guilty, it shall specify one or more of the penalties listed below: a. A failing grade on the assignment or test in question. b. A failing grade in the course in which the violation occurred. c. Honor Code probation for a period of time of not less than one full semester. Any violation of the Honor Code during the probation period shall be grounds for suspension. Page | 85 d. Suspension from Lander University for a specified or an unspecified period of time. e. Expulsion from Lander University. 1.10 The Academic Honor Code File The Academic Vice President shall maintain the Academic Honor Code file in his or her office. Within five (5) days of receiving official notice of a second violation of the Honor Code by any student, the Academic Vice President shall officially warn the student in writing that any future violation of the Honor Code will automatically lead to the student's being required to appear before the Honor Council. A faculty member may have access to a student's record in the Academic Honor Code File when carrying out professional duties. None of the contents of the File shall be removed from the office of the Vice President for Academic Affairs. Within five (5) days of receiving official notice of a third violation of the Honor Code by a student, the Vice President for Academic Affairs shall refer that student to the Honor Council for a hearing. The purpose of the hearing shall be to determine what further penalty, if any, shall be imposed by the Council on the student. The hearing shall take place within five (5) days after the Vice President for Academic Affairs has notified the Council chair of the need for the hearing. The Honor Council shall have access to the student's records in the Honor Code file. The Honor Council may impose penalties of Honor Code probation, suspension from Lander University for a specified or unspecified period, or expulsion from Lander University. Such penalty or penalties may be imposed whether or not the student chooses to attend the hearing. 1.11 Appeals Both the accused and the accuser shall be notified in writing by the Vice President for Student Affairs of their right to appeal the outcome of Honor Council hearings on substantive or procedural grounds. Should either party appeal, any action specified by the Honor Council shall not be implemented pending resolution of the appeal. Requests for appeal must be made in writing to the Vice President for Student Affairs within three (3) calendar days of receipt of written notification of the decision. Appeals will be heard by the Faculty Senate Grade and Judicial Appeals Committee of Lander University within fourteen (14) calendar days after the Committee chair receives the appeal from the Vice President for Student Affairs. 1.12 Honor Council Composition The Honor Council shall consist of eight (8) voting members and the Vice President for Student Affairs as a non-voting member. A tie vote would be considered as not guilty. The voting members shall consist of four (4) students and four (4) faculty members. The Council chair shall be a voting faculty member and shall be elected by majority vote of the Council. The students shall be selected by a drawing of names from a pool of fifteen (15) students who have been nominated to the Honor Council for a one year period by no later than September 30. Each student nominated must be at least a sophomore and be in good standing within the University. The names of Council student members will be drawn by the Vice President for Student Affairs, who also will convene the Honor Council for its first meeting. Page | 86 The faculty members and four (4) faculty alternates shall be appointed by the President. Nominations shall be provided by the Faculty Senate at its first meeting in August. Should a quorum of the Honor Council not be available for a hearing, the Vice President for Student Affairs, with the approval of the President, may appoint ad-hoc members to this Council to hear a case. Should a member of the Honor Council be involved with a specific case, that member will be recused from the Council when a hearing of that case is conducted. 4. ACADEMIC FREEDOM AND TENURE Lander University Statement of Policy Lander University subscribes to the AAUP’s 1940 Statement on Academic Freedom and Tenure. Thus: a) Faculty are entitled to full freedom in research and in the publication of the results, subject to the adequate performance of their other academic duties b) Faculty are entitled to freedom in the classroom discussing their subject, but they should be careful not to introduce into their teaching controversial matter which has no relation to their subject. Limitations of academic freedom because of religious or other aims of the institution should be clearly stated in writing at the time of appointment. c) Lander University faculty are citizens, members of a learned profession, and officers of Lander University. When they speak or write as citizens, they are free from institutional censorship or discipline, but their special position in the community imposes special obligations. As scholars and educational officers, they should remember that the public may judge their profession and Lander University by their utterances. Hence they should at all times be accurate, should exercise appropriate restraint, should show respect for the opinions of others, and should make every effort to indicate that they are not speaking for Lander University. 5. ACADEMIC RESEARCH 3.1 Lander University Ethics in Research Policies and Procedures The University is obliged to ensure that all research conducted by or under the direction of persons who are employed by or serving as agents for Lander University or by persons using University property, facilities, or information complies with federal, state, and local laws and regulations. In particular, the University must ensure that research conducted on human subjects complies with regulations promulgated by the U.S. Department of Health and Human Services and that research conducted on warmblooded vertebrates (other than and in addition to humans) complies with the U.S. Public Health Services Policy on Humane Care and Use of Laboratory Animals. 3.2 RESEARCH ON HUMAN SUBJECTS Lander University requires that research on human subjects be conducted so as to protect the rights of self-determination, privacy, anonymity and confidentiality, fair treatment, and the right to protection from harm of unwarranted discomfort. To that end, the University requires that any member of the University who is planning to conduct research on human subjects submit a formal application to do so and, further, Page | 87 that the application be reviewed by a designated official or committee of the University and be approved prior to the research commencing. 3.2.1 Assessment of Risk Proposals for research on human subjects must address the likelihood and extent of risk to those persons who participate as subjects. The University recognizes five (5) categories of risk and will, upon full review and final approval, permit research to be undertaken which entails risk in Categories 1, 2, and 3 (below): Category 1 - Research involving NO RISK to human subjects. The research is of such a nature as to entail neither positive nor negative physiological or psychological effects on subjects. Examples of such research include: research conducted in conventional educational settings and involving normal educational practices, such as research on instructional strategies or comparisons among instructional techniques or curricula; research in which educational tests, surveys, interviews, or observations of public behavior are used, unless information obtained is recorded in such a manner as to permit the identification of human subjects and/or the disclosure of subjects’ responses outside the research could place subjects at risk of criminal or civil liability or damage the subject’s financial standing, employability, or reputation; research in which educational tests, surveys, interviews, or observations of public behavior are used and the human subjects are elected or appointed public officials or candidates for public office or in circumstances for which federal statues require that the confidentiality of the information associated with a specific human subject be maintained in perpetuity; research in which existing data, documents, records, or specimens are used and these data are publicly available or can be recorded in such a manner as to eliminate the possibility of identifying individual subjects; research and demonstrations which are undertaken by or are subject to the approval of unit heads, and which are intended to study or evaluate (a) public benefit of service programs, (b) procedures for obtaining benefits or services under those programs, (c) possible changes in or alternatives to those programs or procedures, or (d) possible changes in methods or levels of payment for benefits of services under those programs. Category 2 - Research involving MINIMAL RISK to human subjects. This research will cause subjects to experience minimal and temporary discomfort comparable to that which would be encountered in daily life. Examples of this type of research include: the collection of hair and nail clippings, excreta and external secretions; the recording of data from subjects 18 years of age or older using noninvasive procedures; the collection of blood samples by venipuncture and from subjects 18 years of age or older and in good health; voice recordings made for such purposes as the study of speech defects; moderate exercise by healthy volunteers; the analysis of existing data, documents, records, or specimens; the study of group or individual behavior where the investigator does not manipulate the subject’s behavior and the research will involve minimal stress to subjects; and research on Page | 88 drugs or devices for which an investigational new drug or device exemption is not required. Category 3 - Research involving MODERATE TO SUBSTANTIAL RISK to human subjects. This type of research causes subjects to experience unusual discomfort that would not ordinarily be experienced in daily life. The discomfort occurs during and after the research and the discomfort is a direct result of the research. The discomfort would be described by the subject as severe and long lasting. Examples of such research include: studies involving surgical procedures or requiring that subjects recall an unusually traumatic or painful experience and research involving vulnerable subjects such as prisoners, children, or the mentally or physically disabled. Categories 4 and 5 Research involving RISK OF PERMANENT DAMAGE or CERTAINTY OF PERMANENT DAMAGE (Categories 4 and 5, respectively) is not to be undertaken by Lander University faculty, students, or staff. 3.2.2 Informed Consent Proposals for research on human subjects must demonstrate that prospective participants will be apprised fully and in advance of the nature of the research in which they are being asked to participate as subjects. Prospective subjects are considered to be autonomous agents and are assured that they may choose voluntarily to participate or not to participate in research and, further, that they have the right to terminate participation in a study at any time without penalty of any type. Proposals for research on human subjects must include a copy of the Informed Consent form to be used in the research. Such a form must be worded at a level of understanding appropriate to the prospective subject. Furthermore, the form may not include a statement or statements which waive or which appear to waive a prospective subject’s legal rights, including release of the University or its agents from liability for negligence. An Informed Consent form must contain the following: a. the heading Informed Consent Form; b. an explanation of the duration of the project, procedures to be followed and their purposes, including identification of any procedures which are experimental; c. evidence that the subject will be able to exercise free power of choice to participate or not to participate as well as to withdraw consent and to discontinue participation in research at any time without prejudice and that no element of coercion or constraint will be used in obtaining consent to participate; d. a description of any attendant discomforts and risks that may be reasonably expected as a result of participation in the research; e. a description of any benefits that may be reasonably expected to accrue from participation in the research; Page | 89 f. a statement pertaining to the security and, hence, the confidentiality of information associated with the research, especially as it relates to specific individuals; g. a statement on the availability of compensation in the event of physical injury and how to obtain more information; h. an offer to answer any inquiries concerning the research procedures, including a telephone number and address of a contact person; i. a place for the subject (or guardian, in the case of minor) to sign and date the form. 3.2.3 Proposal Review Proposals for research on human subjects must be reviewed and approved by the appropriate person(s) and/or committee(s), to include the Unit Director (e.g., department chair), the Unit Research Committee (composed of no fewer than three full-time University employees who are assigned to and serve in the respective unit of the University (i.e., academic department), the Institutional Review Board (the composition of which is detailed below), and the Ethics in Research Committee. The Institutional Review Board is a University governance body, the composition of which shall include one faculty member each representing Behavioral Sciences, Business, History and Political Science, PEES, and Nursing; and a member of the community who holds a graduate degree in psychology or a closely related discipline and who is not affiliated with the University in any way other than as a member of the Institutional Review Board and who is not a member of the immediate family of a person who is affiliated with the University. Membership on the Institutional Review Board will be by appointment by the President of the University for terms of three years. Members are eligible for reappointment. The Institutional Review Board’s chair shall be a faculty member selected by the Institutional Review Board. The Institutional Review Board will meet six times annually (in August, October, December, January, March, and May and, with one-week notice, at the request of any member of the Subcommittee. The Chair of the Subcommittee is a member of the Ethics in Research Committee and serves as a means for reporting thereto. 3.2.4 Application Any University activity involving the use of humans for research purposes must be reported to the Ethics in Research Committee through the Institutional Review Board. Proposals will be reviewed and acted upon as soon as a completed Research on Human Subjects Proposal is received. Research may not commence until formal approval is provided by the appropriate reviewing body. Specific responsibility for the review and approval/disapproval of a proposal is determined by the category of risk associated with the proposed research (see above)1. More specifically: Notwithstanding the review and approval/disapproval of a proposal by a Unit Director, a Unit Research Committee, and/or the Institutional Review Board, all University research involving humans as subjects is 1 Page | 90 Category 1 (no risk) research proposals will be reviewed and approved/disapproved by the Unit Director. If approved, the proposal will be so noted and a copy distributed to the principal investigator, the faculty or agency sponsor, the Institutional Review Board, and the Ethics in Research Committee. A copy of the approved proposal will be maintained on file and available for inspection in the unit office and the Office of Academic Affairs. If a Category 1 research proposal is disapproved by the Unit Director, the principal investigator may appeal that determination to the Unit Research Committee. If the Unit Research Committee sustains the Unit Director’s disapproval, the principal investigator may appeal that determination to the Institutional Review Board. If the Institutional Review Board sustains the disapprovals by the Unit Director and the Unit Research Committee, the principal investigator may appeal that determination to the Ethics in Research Committee. If the Ethics in Research Committee sustains the disapprovals by the Unit Director, the Unit Research Committee, and the Institutional Review Board, the principal investigator may appeal that determination to the President of the University, whose decision is final. Category 2 (minimal risk) research proposals will be reviewed, approved or disapproved by the Unit Director and the Unit Research Committee. If approved, the proposal will be so noted and a copy distributed to the principal investigator, the faculty or agency sponsor, the Institutional Review Board, and the Ethics in Research Committee. A copy of the approved proposal will be maintained on file and available for inspection in the unit office and the Office of Academic Affairs. If a Category 2 proposal is disapproved by either the Unit Director or the Unit Research Committee or both, the principal investigator may appeal that determination to the Institutional Review Board. If the Institutional Review Board sustains the disapproval(s), the principal investigator may appeal that determination to the Ethics in Research Committee. If the Ethics in Research Committee sustains the previous disapprovals, the principal investigator may appeal that determination to the President of the University, whose decision is final. Category 3 (moderate to substantial risk) research proposals will be reviewed, approved or disapproved by the Unit Director, the Unit Research Committee, and the Institutional Review Board. If approved, the proposal will be so noted and a copy distributed to the principal investigator, the faculty or agency sponsor, and the Ethics in Research Committee. A copy of the approved proposal will be maintained on file and available for inspection in the unit office as well as the Office of Academic Affairs. If a Category 3 proposal is disapproved by either the Unit Director, or the Unit Research Committee, or the Institutional Review Board, or a combination thereof, the principal investigator may appeal that determination to the Ethics in Research Committee. If the Ethics in Research Committee sustains the previous disapproval(s), the principal investigator may appeal that determination to the subject to scrutiny by and ultimate approval by the Ethics in Research Committee and the University President. Page | 91 President of the University, whose decision is final. In the event that there exists doubt or disagreement with respect to which category of risk should be associated with a particular proposal, the proposal will be treated as Category 3 and be subject to those review procedures. 3.3 RESEARCH ON ANIMAL (i.e., Non-Human) SUBJECTS Lander University requires that research on warm-blooded vertebrate (non-human) animals --hereafter, referred to as animal subjects -- be conducted so as to comply with the guidelines set forth in The Public Health Service Policy on Humane Care and Use of Laboratory Animals by Awardee Institutions (September, 1986) and the Guide for the Care and Use of Laboratory Animals, Publication 85-23, 1985, of the U.S. Department of Health and Human Services. To that end, the University requires that any member of the University who is planning to conduct research or demonstrations involving the use of animal subjects submit a formal proposal to do so and, further, that that proposal be reviewed by a designated official or committee of the University and be approved prior to the research or demonstration commencing. 3.3.1 Proposal Review Proposals for research on animal subjects must be reviewed and approved by the appropriate person(s) and/or committee (s), to include the Unit Director (e.g., academic department chair), the Unit Research Committee (composed of no fewer than three full-time University employees who are assigned to and serve in the respective unit of the University (e.g., academic department), the Institutional Animal Care and Use Committee(the composition of which is detailed below), and the Ethics in Research Committee. The Institutional Animal Care and Use Committee is a University governance body, the composition of which shall include: a Doctor of Veterinary Medicine who possesses training and/or experience in laboratory animal science and medicine and who has direct or delegated program responsibility for activities involving animals at the University; one practicing faculty scientist who is experienced in research involving animals; one full-time University employee whose primary concerns are in a non-scientific area; and one person who is not affiliated with the University in any way other than as a member of this committee and who is not a member of the immediate family of a person who is affiliated with the University; and the Dean of the College of Mathematics and Sciences (Subcommittee Chair). Other than the Dean of the College of Mathematics and Sciences, membership on the Institutional Animal Care and Use Committee will be by appointment by the President of the University for terms of three years and persons are eligible for reappointment. The Institutional Animal Care and Use Committee will meet annually in August and December and, with one-week notice, at the request of any member of the Institutional Animal Care and Use Committee. The Chair of the Institutional Animal Care and Use Committee is a member of the Ethics in Research Committee and serves as a means for reporting thereto. 3.3.2 Application Any University activity involving the use of warm-blooded vertebrate animals for research purposes must be approved by the Ethics in Research Committee. In Page | 92 addition, all submitted proposals will be reviewed annually by the Institutional Animal Care and Use Committee (hereafter, designated as the IACUC). In addition to providing very precise information about a proposed activity, each application must include a non-technical description of the proposed activity to enable persons not otherwise specialized in vertebrate research to nevertheless understand the activity. Because most federal and state agencies require verification of institutional review and approval of any proposal involving animal research, the principal investigator for a proposed research proposal will be required to submit an application for institutional review and approval at least three (3) weeks prior to the grant submission deadline and at least four (4) weeks prior to the actual use of animals for research purposes. Four (4) copies of the application must be submitted to IACUC. An application may be submitted for an initial one (1), two (2), or three (3) -year approval period. Renewals of currently-approved applications may be requested by submitting an updated page 2 of the application form. In order for renewal to be granted, no changes shall have been made to the original protocol. Revised June 21, 1994 3.4 ADDENDUM Lander University Ethics in Research Policies and Procedures EXCLUSION CLAUSE General surveys and data collection that are executed by Lander University or any department/unit of the University are considered “University Services” and as such are excluded from the provisions as outlined in the Lander University Ethics in Research Policies and Procedures. Since the above are classified as “University Services,” not research, no forms or approvals are required. Surveys and data collection that are classified as “University Services” include but are not limited to the following (when conducted by the University or a sub-unit thereof): 1. Student Opinion Surveys 2. Alumni Surveys 3. Employee Surveys 4. Faculty/Administration/Staff Surveys 5. Data regarding Employee Salaries 6. Data regarding Student Athletes 7. Data regarding Student Performance 8. Data regarding Student Retention 9. Any survey or data collection needed to satisfy requirements of outside agencies Individuals desiring to conduct personal research (not required by the University or subunit thereof) that involves the collection of data of the type listed in numbers 5-9 above, will be required to submit a “Statement of Confidentiality” assuring that all data will be Page | 93 presented in a cumulative manner. The statement will further assure that no names or individual data will be presented without the subject’s written consent. 6. INTELLECTUAL PROPERTY 4.1 General Definition Intellectual property means broadly all inventions, discoveries, know-how, show-how, processes, unique materials, copyrightable works, original data, and other creative or artistic works that have or may have commercial value. 4.2 Categories For the clarity of this policy, Intellectual Property can be categorized as follows: a. Scholarly work – material prepared for traditional academic publications, such as scholarly journals, or other texts of a scholarly nature. b. Creative work – artistic works, musical or dramatic compositions and/or performances, literary works, etc.; works of a primarily aesthetic nature. c. Course materials – material of a pedagogical intent, used by the faculty member in the course of the Lander University’s educational mission. This generally means materials intended for the immediate use of a student in a course. d. Invention – any inventive idea and/or its reduction to practice, such as a new and useful process or method for producing an industrial result, composition of matter, device, plant, design in connection with the production or manufacture of an article, computer hardware or software program, or knowledge supporting these inventive ideas, or any new use or improvement to an existing system, device, composition, program, or process. 4.3 Applicability This policy shall apply to faculty, staff, and students. 4.4 Definitions For brevity, in this document the following terms will be used: “University” shall mean “Lander University” “faculty” shall mean “ faculty member” “faculty/staff/student” shall mean “faculty member, staff employee, or student.” 4.5 Disclosure of Intellectual Property In order for the University to identify, protect, and commercialize Intellectual Property that emanates from the work of its faculty, staff, and students, it is the University’s policy that any party discloses any Intellectual Property, including Inventions, in confidence to the University in a timely fashion and prior to any public release. Public release in any form may have the effect of consigning the Intellectual Property to the public domain, thereby precluding the University and any associated party from pursuing intellectual property protection. Inventions may be disclosed to Lander by completing and signing an invention disclosure form (click here) or you may obtain this form from the Business Office. 4.6 Ownership of Intellectual Property Page | 94 The University owns the intellectual property under the following conditions: 1. If the intellectual property, other than scholarly work and/or creative work as defined above, is created within the scope of employment on University time with the use of University facilities, or University financial support; or 2. If the intellectual property is commissioned by the University or a component of the University pursuant to a signed contract, or if it is considered work for hire under copyright law; or 3. If the intellectual property results from research supported by federal, state, or university funds or third-party sponsorship designated to the University; or 4. If the intellectual property is conceived or reduced to practice by the faculty, staff, and/or students of the University as a result of research that makes substantial use of the University’s resources or facilities; The faculty/staff/student owns the intellectual property under the following conditions: a. If the intellectual property is unrelated to the faculty/staff/student job. b. If the intellectual property is scholarly work and/or creative work as defined above. c. With respect to any Inventions, the faculty/staff/student owns the Invention when his/her Invention was conceived or reduced to practice independent of the University. The faculty, staff, and/or student that claims ownership of the Invention carries the burden of proof to document that the right to ownership of the Invention by demonstrating that: (a) the Invention was not conceived or reduced to practice as part of an activity within the inventor’s scope of employment as a University employee; (b) the Invention was conceived and reduced to practice on his/her own time; and (c) the inventor did not make substantial use of University resources, facilities, or grant funds administered by the University. Intellectual Property shall be considered Jointly-Developed Intellectual Property: a. If criteria for University ownership and individual ownership (as set forth above) overlap; b. or If the faculty/staff/student involved in the creation of the intellectual property worked in collaboration with other University employees, for whom the creation was a part of their employment responsibilities, as part of a team to contribute the kind of expression intended to be part of an integrated whole. The University’s employees who work as programmers, graphic artists, video technicians, scriptwriters, and other University support personnel create this kind of expression. When added to the faculty/staff/student contribution, the result is a jointlyauthored work. Jointly-Developed Intellectual Property shall be owned by University with any commercial value being shared between the University and the faculty/staff/student as set forth below. When termination of employment (faculty/staff/student) or enrollment (student) occurs in cases where intellectual property is jointly developed, a negotiated, written letter of agreement will be executed with the University. The agreement shall be negotiated with the faculty/staff/student by the appropriate vice president and approved by the Vice President of Business and Administration, in accordance with federal, state and University policies, procedures, and regulations. The agreement shall establish separate ownership rights, stipulate the percentage of ownership between the Page | 95 faculty/staff/student and the University, and describe future uses of the intellectual property. To initiate an agreement: (a) the faculty/staff/student contacts his/her appropriate chair and dean or appropriate supervisor requesting separate joint ownership rights; (b) the appropriate dean or supervisor in turn notifies the appropriate vice president to request a letter of agreement from the Vice President of Business and Administration and to execute the agreement with the faculty/staff/student. In the event of a disagreement between the faculty/staff/student and the University, an appeal may be made to the President and his/her decision shall be final. 4.7 Patent Procurement University shall have the sole discretion to determine whether to procure and/or maintain, including the right to prepare, file, and prosecute any patent applications for, any Inventions owned by University. 4.8 Distribution of Royalties Commercial value from any Jointly-Developed Intellectual Property and any Inventions owned by University are shared between the faculty/staff/student and the University. For this to occur there must be (a) an offer and an identifiable buyer with whom to negotiate; and (b) a negotiated, written letter of agreement executed between the faculty/staff/student and the University. The agreement shall be negotiated with the faculty/staff/student by the Vice President of Business and Administration in accordance with State and University policy. The agreement shall stipulate the percentage of ownership between the faculty/staff/student and the University, indicate who pays and how research and development costs are recovered, and describe future uses of the intellectual property. In the event percentage of ownership and payment and recovery of research and development costs are not addressed in writing, then the economic relationship is shared on a 50%/50% basis after the recovery of research and development costs and costs for applying for, obtaining, and maintaining any intellectual property rights, such as patent rights, by the University. All royalties for the sale of textbooks written by University faculty and sold through the University bookstore while the faculty is an employee of the University shall revert to the University. The precise manner in which these funds will be distributed to the University will be determined by written agreement between the faculty and the University. To initiate an agreement, the faculty in concert with his/her department chair, dean and vice president will request a letter of agreement with the University through the Vice President of Business and Administration. In the event of a disagreement between the faculty and the University, an appeal may be made to the President, and his/her decision shall be final. When the faculty is no longer an employee of the University, all textbook royalties described above become the property of the former faculty. 4.9 Disclosure Copies of this policy shall be printed in the University faculty/staff/student handbooks, and shall be posted electronically on the University’s website. 4.10 Review Ownership of this policy shall reside with the Office of Business and Administration. This Page | 96 policy may be reviewed, as circumstances warrant, by the Vice President of Business and Administration, Faculty Senate, Student Government Association, Academic Council, and the President’s Council. Proposed revisions and amendments will be transmitted to the President for final approval. 7. POLITICAL ACTIVITIES As responsible and interested citizens, faculty members may engage in the political processes of our society. Faculty members engaged in political activity or making public statements on issues should always make it clear that they are speaking as individual citizens and not on behalf of the University. Letters to the editors of newspapers should carry the faculty member’s home address rather than a University address. FOR LANDER UNIVERSITY POLICIES CONCERNING AFFIRMATIVE ACTION, THE AMERICANS WITH DISABILITIES ACT, BLOODBORNE PATHOGENS EXPOSURE CONTROL, THE CLEAN INDOOR AIR ACT OF 1990, THE EMPLOYEE ASSISTANCE PROGRAM, FAMILY AND MEDICAL LEAVE ACT OF 1993, HAZARDOUS WEATHER AND OTHER EMERGENCY CONDITIONS, SEXUAL HARASSMENT, SOLICITATION, AND SUBSTANCE ABUSE SEE THE LANDER UNIVERSITY EMPLOYEE HANDBOOK. Page | 97 VII. Appendix 1. Calendar Supplement to Faculty Procedures and Regulations Any date which falls on a weekend or a holiday will be due the first working day after the designated date. MAY May 1 (Spring of year prior to tenure/promotion candidacy) The Vice President for Academic Affairs will send a letter to all university faculty members identifying candidates who must (by contract) be considered for tenure or for tenure and promotion in the next academic year. Candidates for promotion identify themselves to the VPAA, giving notice that they would like to stand for promotion in the next academic year. May 15 (Spring of year prior to tenure/promotion candidacy) The Vice President for Academic Affairs confirms in writing to each candidate that they will stand for tenure, for promotion, or for tenure and promotion in the next academic year, outlining the candidate's responsibilities and the schedule that will be followed. Copies of the Vice President for Academic Affairs' letter are sent to the Unit Head of each candidate. The Vice President for Academic Affairs notifies the faculty of all candidates who will stand for promotion in the next academic year. By May 15 (For tenured faculty) Annual evaluation for tenured faculty if requested by the faculty member or the Dean. This request must be made by April 5.SEPTEMBER September 1 Letter from Vice President for Academic Affairs to all faculty members identifying candidates to be considered for tenure or for tenure and promotion. September 15 Letter from Vice President for Academic Affairs to candidates for tenure/promotion, confirming the faculty member's candidacy for tenure, for promotion, or for tenure and promotion and outlining the candidate's responsibilities with a schedule to be followed; copies sent to the respective Unit Head of each candidate. Identification of two peer evaluators by Unit Head in consultation with candidates for tenure, for promotion, or for tenure and promotion. OCTOBER Prior to October 1 Preparation of Professional Development Statement and creation of Tenure/Promotion File by faculty members being considered for tenure, for promotion, or for tenure and promotion. Page | 98 October 1 Placement of Tenure/Promotion File in Academic Unit Office. Oct 1-Nov 1 Interview of first-year probationary or temporary faculty members with Dean to discuss faculty member's progress and performance. October 15 Written notification by faculty member to Dean and Vice President for Academic Affairs of plans to submit a proposal for a sabbatical leave. NOVEMBER Decision made concerning reappointment of second-year faculty members. November 1 (No later than): Peer evaluators’ letters of candidates for tenure/promotion will be placed in their Tenure/Promotion File located in the Unit Office. November 1 Response by a faculty member to previous academic year’s annual evaluation; copy sent to Dean and Vice President for Academic Affairs (to be placed in Evaluation File). Placement of peer evaluators' letters for tenure and/or promotion candidates in Tenure/Promotion File in the Unit Office. November 2 The Dean will activate the Unit Tenure and Promotion Committee. Submission of sabbatical proposal to the Vice President for Academic Affairs. Identification by the faculty member and the Dean of three Lander University faculty peer evaluators for reviewing sabbatical proposals, and submission of names to Vice President for Academic Affairs. November 15 Submission of reviewers’ comments on proposed sabbatical leave to Dean. DECEMBER December 1 Notification of negative decisions about reappointment for second-year faculty members. Written recommendation by the Unit Tenure/Promotion Committee for or against tenure, promotion, or tenure and promotion placed in the Tenure/Promotion File of the candidate; a copy of the recommendation will be sent to the candidate. Submission by Unit Head of evaluation of sabbatical proposal with copies of all documents concerning the sabbatical sent to the Vice President for Academic Affairs. December 15 Page | 99 Written recommendation for or against tenure and/or promotion by Unit Head placed in the candidate's Tenure/Promotion File with a copy sent to the candidate. Evaluation of sabbatical proposals and recommendation of the priority of funding by the Faculty Senate Grants Committee with recommendations being forwarded to the President. JANUARY Results of student evaluations for fall semester forwarded to each faculty member and the Vice President for Academic Affairs by the Unit Head (within seven weeks of the end of final exams for fall semester.) By January 5-Transfer of Tenure/Promotion File from the Unit Office to the Office of Academic Affairs by the Unit Head (after verifying the file is complete). January 10 (No later than) The Vice President for Academic Affairs will notify the University Tenure and Promotion Committee that all tenure files have been received in the office. January 11 The University Tenure and Promotion Committee will begin its review of all candidates for tenure. January 15 Formulation of Initial Faculty Development Plan by first-year faculty members. FEBRUARY Evaluation and interview of first year faculty members by the Unit Head. Decision made concerning reappointment of first-year (fall appointment) faculty members. February 1 Submission to Unit Head of Faculty Performance Report by first-year faculty members. Notification of award or non-award of sabbaticals to faculty members who applied. Written requests for leave without pay made to the Vice President for Academic Affairs. February 11 (No later than) The University Tenure/Promotion Committee will deliberate and vote on the candidates for tenure/promotion. A written recommendation will be sent to the Vice President for Academic Affairs and a copy of the recommendation will be placed in the tenure/promotion file for each candidate. February 12 The Vice President for Academic Affairs will begin to review the Tenure File and the University Tenure and Promotion Committee’s recommendations. MARCH March 1 Page | 100 Notification of negative decisions about reappointment for first-year (fall appointment) faculty members. Written recommendation for or against tenure/promotion by Vice President for Academic Affairs placed in the candidate's Tenure/Promotion File with a copy sent to the candidate. March 11 (No later than) If needed, the Vice President for Academic Affairs will meet with the University Tenure and Promotion Committee to attempt to reach agreement for all recommendations. March 21 March 21 (No later than): The Vice President for Academic Affairs will add his or her recommendation to the candidate’s Tenure File, sign the Tenure Review Process Form, then forward the file to the President. APRIL April 1 (No later than) The President's decision will be provided in writing to the candidate. Evaluation and interview of all full-time non-tenured faculty members (except firstyear appointees) by the Dean. (by May 15.) April 1 Decisions made for reappointment of first-year (spring appointment) faculty members. Decisions made for reappointment of third-year (and beyond) non-tenured faculty members. Submission of Faculty Performance Report by all full-time faculty members (except first-year appointees) to the appropriate Dean. Submission of copies of peer evaluators’ letters to Dean and Vice President for Academic Affairs to be placed in the Evaluation File for evaluation of probationary and temporary faculty (and tenured faculty every six years). April 15 Dean Evaluation for six-year review of tenured Associate Professors completed and forwarded to the Vice President for Academic Affairs. Request for an appeal hearing sent to the President and the Faculty Senate if tenure and/or promotion have not been granted. After April 15 Joint interview scheduled concerning six-year review with faculty member, Dean, and Vice President for Academic Affairs. MAY May 1 Page | 101 Notification of negative decision about reappointment for first year (spring appointment) faculty members. May 15 Forwarding by Dean of completed evaluation forms to the faculty member and the Vice President for Academic Affairs. Annual evaluation interview of Deans conducted by the Vice President for Academic Affairs; preparation of a summary evaluation to be placed in the Evaluation File; submission of copy of summary to the Unit Head and the President. Recommendation on an appeal concerning tenure and/or promotion decisions from the Academic Freedom, Grievance, and Due Process Committee sent to the President. Vice President for Academic Affairs sends written notification to the faculty member and Dean when a six-year review is to be conducted. JUNE June 1 Tenure/Promotion File merged with Evaluation File after review and appeals processes have been completed. Response from the President to the faculty member and the Academic Freedom, Grievance and Due Process Committee concerning an appeal after tenure and/or promotion was not granted. AUGUST Previous academic year’s evaluation and interview of all tenured faculty members by the Dean. (after August 15 and no later than September 15). 2. Mission Statement Lander University offers high-demand and market-driven programs to ambitious and talented students in South Carolina and beyond. These programs are delivered in a rich liberal arts environment to produce highly qualified and marketable graduates. APPROVED BY THE LANDER UNIVERSITY FACULTY: March 2, 2016 APPROVED BY THE LANDER UNIVERSITY BOARD OF TRUSTEES: March 22, 2016 3. Vision Statement All Lander graduates are educated, well rounded and prepared to continue their education or launch their careers. APPROVED BY THE LANDER UNIVERSITY FACULTY: March 2, 2016 APPROVED BY THE LANDER UNIVERSITY BOARD OF TRUSTEES: March 22, 2016 4. Lander University Distinguished Professor Award Page | 102 A. GUIDELINES 1. Criteria upon which candidates will be evaluated will be the same as those given in the Faculty Handbook for tenure and promotion -- excellence in teaching, professional development, and school and community service. 2. A nominee must be in at least the fourth year as a full-time faculty member at Lander University. Faculty on sabbatical leave are eligible. The only materials that will be considered in the selection process are as outlined on the Lander University Distinguished Professor Nomination Form. B. PROCEDURES (Check the SGA requirement) 1. Each Unit will establish its own system to select Unit nominees; there may be one nominee per fifteen full-time faculty members or fraction thereof. Two at-large nominations selected by a vote of the student body will also be included. Each student is to have one vote. The Student Government Association will administer the voting process. The election is to be advertised by the SGA in the "Weekly Bulletin" and elsewhere. 2. The final selection of the recipient will be made by a committee consisting of the previous five Distinguished Professors (excluding the current one) and the name will be forwarded to the President of Lander University. There will be only one winner of the award each year and the award is not to be divided or shared by more than one recipient. In the event that the ranking process used by the selection committee cannot select a single individual, the President will choose the winner from the names forwarded by the committee. C. TIMETABLE 1. The election for at-large candidates by the student body will be held no later than the last week of February. 2. The Office of Academic Affairs will notify academic Units and the SGA by February 1 that all nominations must be received by March 1. Late nominations will not be accepted. 3. The Office of Academic Affairs will notify nominees and ask them to submit the required materials no later than April 1. Page | 103
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