Faculty Handbook - Menlo College · 2018-06-20 · 2 | Menlo College Faculty Handbook TABLE OF CONTENTS PREFACE 5 INTRODUCTION 6 SECTION I - AUTHORITY OF HANDBOOK AND PROCEDURES FOR

Faculty Handbook

As Approved by Menlo College Board of Trustees 4 May 2018

2 | Menlo College Faculty Handbook

TABLE OF CONTENTS

PREFACE 5

INTRODUCTION 6

SECTION I - AUTHORITY OF HANDBOOK AND PROCEDURES FOR CHANGES 7

1. AUTHORITY OF THIS HANDBOOK 7

1.1 AUTHORITY DERIVED FROM BOARD OF TRUSTEES 7 1.1.2 Copies of Handbook 7 1.1.3 Handbook and Contractual Agreements 7 1.1.4 Interpretation 7

1.2 CHANGES TO THE HANDBOOK 8 1.2.1 Date Approved Items Are Binding 8 1.2.2 Changes Must Be Approved by Board of Trustees 8 1.2.3 Procedures for Change 8

SECTION II - FACULTY CONSTITUTION 9

2.1 FACULTY SENATE 9 2.1.1 Membership 9 2.1.2 Responsibilities of the Senate 9 2.1.3 Officers 9

2.1.3.1 President of the Senate 9 2.1.3.2 Vice President of the Senate 10 2.1.3.3 Secretary 10

2.1.4 Meetings 10 2.1.5 Steering Committee 10

2.2 STANDING COMMITTEES 11 2.2.1 Faculty Personnel Committee 11 2.2.2 Curriculum Committee 12

2.3 FACULTY GRIEVANCE COMMITTEE 13 2.4 AMENDMENTS 13 2.5 BY-LAWS OF THE ACADEMIC SENATE 13

BY-LAWS OF THE FACULTY SENATE OF MENLO COLLEGE 14

I. ELECTIONS 14

II. SUMMER GOVERNANCE 14

III. FREQUENCY OF MEETINGS 14

IV. EXECUTIVE SESSION 14

V. QUORUM 14

VI. VOTING ON MAJOR MOTIONS 14

VII. PROXIES 15

VIII. SENATE APPROVAL OF RECOMMENDATIONS OF STANDING COMMITTEES 15

IX. REVISIONS OF THE BY-LAWS 15


SECTION III - FACULTY PERSONNEL POLICIES AND PROCEDURES 16

3.1 DEFINITIONS 16 3.1.1 Faculty Members 16 3.1.2 Academic Year 16 3.1.3 Accreditation 16 3.1.4 Faculty Personnel Committee 16 3.1.5 Financial Exigency 16 3.1.6 Senior Contract Faculty 16 3.1.7 The Provost 16 3.1.8 The Dean of Business & Academic Affairs 17

3.2 DEFINITION OF CONTRACT FACULTY 17 3.3 FACULTY DUTIES AND RESPONSIBILITIES 17

3.3.1 Minimum Requirements 18 3.3.2 Experience 19 3.3.3 Teaching Effectiveness 19 3.3.4 Scholarship and Creative Work 20 3.3.5 Service to the College, Advising and Student Development 22

3.4 PROFESSIONAL ETHICS 23 3.5 TERMS OF CONTRACT APPOINTMENTS 23

3.5.1 Personnel File 24 3.5.1.1 Confidentiality 25

3.6 RANK APPOINTMENT POLICY 25 3.6.1 Questions about Degree Equivalency for Rank 25 3.6.2 Instructor: One-Year Appointment 26 3.6.3 Assistant Professor: Three-Year Appointment 26 3.6.4 Associate Professor: Six-Year Appointment 27 3.6.5 Professor: Six-Year Appointment 27 3.6.6 Professor Emeritus 28 3.6.7 Academic Administrative Officers and Academic Rank Appointment 28 3.6.8 Ranked Faculty Members who Accept Administrative Appointment 28

3.7 POLICIES ON PROMOTION IN RANK 28 3.7.1 Statement of Professional Goals and Priorities 29 3.7.2 Annual Evaluation of Progress 29

3.7.2.1 Standard Rating Scale for Evaluations 29 3.7.3 General Criteria for Evaluation 29 3.7.4 Teaching Experience 30 3.7.5 Specific Criteria for Evaluation 30

3.7.5.1 Standards of Performance by Rank 30 3.8 PROCEDURES FOR PROMOTION IN RANK & REAPPOINTMENT 31

3.8.1 Dossier 31 3.8.2 Discussion of Dossier with the Faculty Member 33 3.8.3 Faculty Personnel Committee's Evaluation 33 3.8.4 Recommendations of Dean and Provost 33 3.8.5 President's Decision 34 3.8.6 Notice of Reappointment and/or Promotion 34 3.8.7 Policies for One-Year Renewable Instructor Appointments 34


3.9 POLICIES AND PROCEDURES RELATING TO SEPARATION 35 3.9.1 Non-Renewal and Non-Reappointment 35 3.9.2 Voluntary Termination 35 3.9.3 Involuntary Termination 36

3.9.3.1 Financial Exigency 36 3.9.3.2 Discontinuance or Redirection of Program or Department 37 3.9.3.3 Incapacity or Death 37 3.9.3.4 Dismissal for Cause 37

3.10 FACULTY GRIEVANCE 38 3.10.1 Faculty Grievance Committee 38

3.10.2 Procedures 40 3.10.2.1 Stage One 40 3.10.2.2 Stage Two 40 3.10.2.3 Hearing Procedures 40

3.10.3 Decision 41 3.10.4 Arbitration 41

3.11 POLICY ON SABBATICAL LEAVE OF ABSENCE WITH SALARY 42 3.11.1 Purpose for Providing Sabbatical Leaves 42 3.11.2 Eligibility 42 3.11.3 Options 42 3.11.4 Service Time 42 3.11.5 Subsequent Sabbatical Leaves 42 3.11.6 Limitations on the Sabbatical Stipend 43 3.11.7 Number of Sabbatical Leaves per Year 43 3.11.8 Return to Full-Time Service 43 3.11.9 Process of Applying for a Sabbatical Leave 43 3.11.10 Approval of Sabbatical Leaves 43 3.11.11 Benefits While on Leave 43 3.11.12 Report of Activity and Accomplishment 44

3.12 FACULTY ATTENDANCE AT OPENING CONVOCATIONS, COMMENCEMENT

AND FACULTY MEETINGS 44 3.13 FACULTY PARTICIPATION IN BUDGETARY AND SALARY MATTERS 44

3.13.1 Institutional Budgeting 45 3.13.2 Salary Policies and Procedures 45

3.13.2.1 Salary Raises 45 3.13.3 Benefits 45

SECTION IV VISITING FACULTY AND LECTURERS 46

4.1 VISITING FACULTY AND LECTURERS 46 4.1.1 Visiting Faculty 46 4.1.2 Lecturers 46

APPENDIX A GRIEVANCE CHECKLIST 47


PREFACE

Members of the faculty of Menlo College have a special obligation to understand the College’s nature,

mission, and objectives. Faculty members should strive to improve the intellectual and practical

effectiveness of the College by willful, thoughtful, engaged, and cooperative participation in shared

governance with Trustees and administrators.

This Faculty Handbook provides information, policies, and procedures for the faculty’s participation in

shared governance. It defines the basic conditions of professional life at Menlo College.

The information, policies, and procedures set forth herein are drawn from faculty, administrative,

Trustee, and committee sources, as appropriate. This Handbook supersedes all earlier editions. The

official copy shall be maintained in the Office of Academic Affairs, with copies made available to all

faculty.

Acceptance of a faculty appointment at Menlo College necessarily includes acceptance of College policy

and procedures, and of arrangements for the emendation. The Faculty Handbook is, of course, one

authoritative source among several other sources. Faculty will wish to consult other sources, such as the

College catalog and policy statements from the Human Resources office. The Handbook is not intended

to be exhaustive, as College employee policies applicable to faculty are set forth in the Menlo College

Employee Handbook.

Under the Bylaws of Menlo College, all corporate power shall be exercised under the ultimate direction

of the Board. The Board, therefore, reserves the right to add, modify, or delete provisions in this

Handbook at any time.

Only the President of the College or such other individual expressly designated by the Board has the

authority to enter into any employment or other agreement that modifies the College policy or the

provisions of this Handbook. Any modifications must be in writing.


MENLO COLLEGE

INTRODUCTION

Only the President of the College and any other individual expressly authorized by the Board of Trustees

has the responsibility for the College's personnel matters. Following the principle of shared governance,

however, the faculty has a central role through its faculty governance system to advise the President and

his/her staff on faculty personnel matters. The following policies and procedures attempt to embody the value Menlo places on those activities of the

faculty that enable the College to achieve its goals. Every faculty member at the College must demonstrate

engagement ‒ effective teaching, involvement in types of scholarship that enhance good teaching and the

development of new knowledge, and participation in the operational, governance, advising, and student

development affairs of the College. A faculty member must demonstrate effective teaching in every

evaluation period. Evaluation procedures include the development of a Statement of Professional Goals and

Priorities that also allows a faculty member over a period of time to demonstrate achievement in scholarship

and service to the College.

This document, in particular the sections entitled "Faculty Personnel Policies and Procedures" and "Faculty

Constitution" describe what the College expects of a faculty member, the means by which the faculty

member is initially assigned to rank, earns promotion and reappointment, the procedures for evaluation,

and the process for obtaining a sabbatical leave. Also included are procedures for faculty appeals, grievance,

and severance. The Faculty Constitution establishes the role of the faculty in the shared governance of the

College. Menlo College’s Board of Trustees believes that truth is found and learning is fostered by the free exchange

of ideas and by free investigation. The Board regards diversity of opinion as a corollary of academic

freedom and recognizes that this diversity may include opinions which are unpopular and contrary to the

established positions. The purpose of the academic freedom statement is to protect individual members of the faculty from

dismissal, coercion, or harassment because of their views. Faculty members are entitled to freedom in

selection of teaching methods and course materials and in the discussion of their subjects. Faculty members

are entitled as citizens to freely express their views without recrimination. Faculty members are entitled to

full freedom in their choice of research subjects and methodology and in the publication of their research

results. The Board of Trustees expects that free investigation and expression will often engender vigorous

controversy. Positions may be taken which contradict prevailing ideas and beliefs. However unpopular the

opinions expressed, the Board values free intellectual discourse and therefore commits Menlo College to

the defense of academic freedom. In that spirit, the Board of Trustees calls upon the faculty to recognize the special responsibilities which

membership in the academic profession entails. Part of that responsibility is to encourage the free

expression of ideas at Menlo College, while at the same time to refrain from imposing the faculty member’s

views on students and colleagues. The evaluation of students, colleagues, and staff must never be contingent

on agreement with the personal, political, or social views of the evaluators. The Board expects faculty

members to demonstrate professional responsibility in all academically related pursuits by encouraging the

free pursuit of learning among students, by treating them and their opinions with dignity and respect, and

by respecting and defending their colleagues’ right of free inquiry.


POLICY STATEMENT

SECTION I - AUTHORITY OF HANDBOOK AND PROCEDURES FOR CHANGES

1. AUTHORITY OF THIS HANDBOOK

1.1 Authority Derived from the Board of Trustees

The Faculty Handbook of Menlo College derives its authority from the Board of Trustees of the

College, and will be in effect continuously from the date authorized by the Chair of the Board of

Trustees (or the designated representative).

1.1.2 Copies of Handbook

An official copy of the current Faculty Handbook is on file in the Office of the President

and the Office of Academic Affairs. Reference copies are available in the College library

and online, and each faculty member receives a link to the online version at the time of

employment and each time it undergoes extensive revision.

1.1.3 Handbook and Contractual Agreements

The provisions of this Handbook, as well as other College handbooks and policy

statements, replace any conflicting provisions of the contractual agreement a faculty

member presently has with the College. If a faculty member believes that the changes

adversely affect his/her present contractual agreements, he/she may request the President

to observe the present agreements until the expiration of the contract period.

1.1.4 Interpretation

If a question of interpretation of the Faculty Handbook arises and the President of the

Faculty Senate and the Dean of Business & Academic Affairs, in initial consultation, are

unable to arrive at a satisfactory solution and jointly request an interim interpretation, the

task of interpretation will be referred to a group consisting of: the President of the College

(or his/her designee), the Provost, the Dean of Business & Academic Affairs, and the

President and Vice President of the Faculty Senate. The interpretation agreed upon by a

simple majority of this group will be binding until such time as the Board of Trustees

either adopts the interpretation or gives its own final interpretation, at which time the

Board of Trustees’ decision shall be binding and final. If a majority vote is not achieved,

the issue will be brought by the Office of the President and the President of the Faculty

Senate to the Board at the next Board Meeting. The College President's interpretation

will be binding until the Board of Trustees acts.


1.2 Changes to the Handbook

1.2.1 Date Approved Items Are Binding

Additions and amendments to the Faculty Handbook are binding on all affected parties

as of the date authorized by the chair of the Board of Trustees (or a designated

representative).

1.2.2 Changes Must Be Approved by Board of Trustees

Since control of the College is vested in the Board of Trustees, any change to this Faculty

Handbook must be approved by the Board of Trustees.

1.2.3 Procedures for Change

Changes to the Faculty Handbook shall be made according to the following procedures:

a. The Board of Trustees has the authority to alter the Faculty Handbook. The Board

however, will consult with the administration and faculty before amending the

Faculty Handbook.

b. Changes to the Faculty Handbook initiated by the Faculty Senate or administration

regarding major policies and procedures are to be submitted to the Board of Trustees

only after appropriate joint planning between the Faculty Senate and the

administration. Editorial changes may be agreed upon by the Interpretation process

cited in Section 1.1.4.

i. When the administration desires to initiate a change or addition to the Faculty

Handbook, one month prior to the Board meeting at which action is to be taken,

the proposal is to be presented to the Faculty Senate for suggestions and

recommendations. The results of the joint effort shall then be sent to the Board

for action.

ii. When a proposal is approved by a majority of the Faculty Senate members as

described in the By-Laws of the Faculty Senate, this proposal will be presented,

at least one month prior to the Board meeting at which action is to be taken, to

the administration for suggestions and recommendations. The results of the joint

effort shall then be sent to the Board for action.

c. The Dean of Business & Academic Affairs will insure that approved changes are

incorporated in the Faculty Handbook and is responsible for maintaining an official

copy.


POLICY STATEMENT

SECTION II - FACULTY CONSTITUTION

2.1 Faculty Senate

2.1.1 Membership

a. All full-time contract faculty (appointed to rank);

b. Adjunct Faculty: Two adjunct faculty members elected by all adjunct faculty; c. Ranked professional librarians; d. Full-time coaches: Two full-time coaches elected by all full-time coaches; e. Dean of Business & Academic Affairs [also referred to as the Dean] (voice, non-

voting); f. The Provost (voice, non-voting); g. Dean of Arts & Sciences (voice non-voting); h. Director of Athletics (voice, non-voting); i. Dean of Library Services (voice, non-voting).

2.1.2 Responsibilities of the Senate

a. In accordance with the procedures outlined in this Handbook, the Faculty Senate

shall, in conjunction with the administration and as delegated by the Board of

Trustees, play a central role in the development of academic programs and in

maintaining the quality and character of the institution. It shall consult with and

advise the President of the College, the Provost and the Dean of Business &

Academic Affairs on matters of general concern to the faculty, such as, but not

limited to, faculty rights and responsibilities, budgetary matters, long range planning

for the College, and selection of principal academic administrators. Membership of

Senate standing committees (see 2.2.a) will be determined by the Faculty Senate. b. It may create committees for special problems not within the jurisdiction of any

Standing Committee. c. It may conduct open hearings on issues. d. It may recommend candidates for honorary degrees to the President. e. It will revise the By-Laws of the Senate as needed.

2.1.3 Officers

2.1.3.1 President of the Senate

b. The Senate shall be moderated by a President who shall have been elected in the

previous year as Vice President by majority vote of the voting members of the

Faculty Senate as prescribed in 2.1.1 above. The Senate President shall receive one

course release time per semester.


2.1.3.2 Vice President of the Senate

A Senate Vice President shall be elected by the faculty from among its voting

members during the spring semester to serve beginning the following academic

year for a two-year term: the first academic year as Vice President; the second

year as Senate President. He or she will assist the Senate President regarding

faculty business and chair the Senate in the absence of the Senate President.

2.1.3.3 Secretary

The Vice President of the Faculty Senate shall serve as secretary for all normal

Senate meetings. Minutes shall be distributed to all members of the Senate and

appropriate administrative officers.

2.1.4 Meetings

a. The Senate usually meets monthly during term and at the call of the President of the

Senate as a forum to discuss matters pertaining to the welfare of the institution and

to act on recommendations prepared by its Steering Committee and Standing

Committees. b. The Senate shall also meet within ten [10] working days at the petition of a majority

of the voting members of the Senate to discuss matters of particular concern or to

vote on recommendations.

c. Senate meetings shall be open to all members of the College community, although

the Senate may call an Executive Session, excluding all persons except voting

members, as described in the By-Laws.

d. Unless otherwise specified by this Constitution or in the Senate By-Laws, the

procedures defined in the most recent edition of Roberts' Rules of Order shall be

followed in the conduct of Senate meetings.

2.1.5 Steering Committee

Responsibility for the proper functioning of the Senate shall rest with the Steering

Committee. Its membership shall be comprised of the President of the Senate, Vice

President of the Senate, Chair of the Curriculum Committee, Chair of the Faculty

Personnel Committee, the Dean of Arts & Sciences, and the Dean of Business &

Academic Affairs. The President of the Faculty Senate serves as Chair of the Steering

Committee. Responsibilities designated by the Senate include:

a. To ensure that agendas and minutes of the Senate and all Standing Committees are

published and distributed to the membership of the Senate on a regular basis. b. To monitor all Senate recommendations as they proceed through administrative and

Board channels. To set the agenda of Senate meetings. c. To announce, within two working days of the receipt of a petition signed by a

majority of voting members of the Senate, a Senate meeting to be held within ten

working days of receipt of the petition. d. To name faculty representatives to appropriate College committees.


2.2 Standing Committees

Standing Committees shall report to and recommend to the Faculty Senate which has ultimate

authority for approving or disapproving such reports and recommendations. New faculty at or

below the Assistant Professor level will not be required to serve on Faculty Senate standing

committees in their first year of service. Refer to the By-Laws (2.5 VIII) for the procedure for

Senate approval of recommendations of Standing Committees. Standing Committees of the

Senate shall include the following:

a. Faculty Personnel Committee

Faculty Curriculum Committee

b. The Chair for each Standing Committee shall be elected by and from its faculty members.

c. Elected members shall serve no more than two consecutive two-year terms, but shall be

eligible for re-election to that same committee after one year has passed since their prior

service on the committee.

d. If a member becomes unable to participate fully in the work of the committee, the Faculty

Senate will elect a replacement. If, however, a member becomes unable to participate fully

in the work of the committee for a given semester only due to a leave of absence or sabbatical,

the Faculty Senate will normally elect a substitute for that semester. The originally-elected

member will be eligible to conclude the original term of the committee membership upon

his/her return to the faculty (for clarity, if the election is for a two-year term from 2015-16

to 2016-17, and a faculty member is on leave for one semester during the fall semester of

2016-17, said faculty member will have the opportunity to continue his/her service on the

committee in the spring semester of 2016-17, but his/her term as member of the committee

will still conclude at the end of the 2016-17 academic year).

e. For each Standing Committee, a quorum shall consist of a majority of the faculty membership

of the committee. A binding vote will be cast by a majority of the faculty membership of the

committee.

f. No person may be an elected member of more than one Standing Committee.

g. Functions of the Standing Committees shall comprise, but not be limited to, the following:

2.2.1 Faculty Personnel Committee

The Faculty Personnel Committee shall consist of the Chair elected by and from the

faculty of the Committee, who are selected for the Committee in a manner specified in

Section I.b of the By-Laws.

The Faculty Personnel Committee shall evaluate contract faculty for promotion, contract

renewal and leaves. The recommendations of the Personnel Committee shall be

submitted to the appropriate dean (Business or Arts & Sciences), who shall send a

recommendation to the Provost. The Provost, in turn, will send a recommendation to the

President. The Faculty Personnel Committee shall also make recommendations to the

Senate on rank and contract renewal criteria and procedures.

The Faculty Personnel Committee shall recommend, to the Dean of Business &

Academic Affairs, faculty sabbatical and research grants and instructional improvement

grants for individual faculty members.

Specific areas which may be assigned by the Senate to the Personnel Committee include,

but are not limited to, recommendations on policies related to the following:


a. Student/faculty ratios b. Faculty professional and instructional development c. Faculty status, rank and academic titles d. Faculty scholarship, research and creative activity e. Salary policy and fringe benefits f. Search and hiring procedures and policies g. Teaching loads, leaves, and release time h. Academic freedom and morale i. Merit criteria and procedures j. Review of the Faculty Handbook k. Review of due process procedures

2.2.2 Curriculum Committee

The Curriculum Committee shall consist of the Chair elected by and from the faculty of

the Committee who are selected for the Committee in a manner specified in Section I.b

of the By-Laws. The Registrar serves as a voice, non-voting member.

The recommendations of the Curriculum Committee shall be submitted to the appropriate

dean (Business or Arts & Sciences), who shall send a recommendation to the Provost.

Specific areas which may be assigned to the Curriculum Committee by the Senate

include, but are not limited to, recommendations on the following:

a. Accreditation matters b. Graduation requirements c. Academic planning d. All new undergraduate and graduate degree programs e. Library and Academic Computer Services f. Curriculum review g. International and credential programs

h. Course approval h. Analysis of program reviews and evaluations i. Academic calendar j. Grant/Funding proposals which could affect existing academic programs/curricula

or which could create new academic programs/curricula. k. Admissions standards and criteria l. Academic standards and review


m. Academic advising n. Individualized study and honors o. All eligibility standards p. Registration and records q. Grading system r. General Education requirements

2.3 Faculty Grievance Committee

The Faculty Grievance Committee shall function within the context and procedures as outlined

in Section 3.10 of the Faculty Handbook. The President of the Faculty Senate shall constitute the

Committee, when needed, according to the stated By-Laws of the Constitution.

2.4 Amendments

This Constitution may be amended by a majority vote of the total voting membership of the

Senate, taken after the members have been informed of the proposed amendment in writing not

less than fourteen calendar days in advance. Amendments must be approved by the Board of

Trustees (see Section 1.2).

2.5 By-Laws of the Academic Senate

By-Laws shall be maintained by the Faculty Senate.


BY-LAWS OF THE FACULTY SENATE OF MENLO COLLEGE

I. Elections

a. All elections concerning the Faculty Senate, the Steering Committee and Standing Committees

shall be completed two weeks prior to the last day of instruction in the spring semester. Newly

elected members of the Senate, Steering Committee, and Standing Committees shall take office

at the start of the fall semester.

b. Membership of Standing Committees consists of five full time contract faculty members, a

majority of whom must be Management faculty, elected for two years by and from the Faculty

Senate, and the Dean of Business & Academic Affairs (voice, non-voting). The Senate may

appoint other voice, non-voting members as it determines appropriate. II. Summer Governance

Situations may arise in the summer requiring faculty deliberation. In such cases the Steering

Committee will call a meeting of the Senate. If a quorum is not achieved, the Senate will have ten

working days to inform faculty of the issue(s) and to obtain a recommendation from, or a decision

of, the voting members of the Senate. If neither is achieved, the Steering Committee will act on

behalf of the Senate and inform members of any recommendations made to the administration. III. Frequency of Meetings

The President of the Senate shall call a meeting of that body usually on a monthly basis, but no

fewer than three times each semester. The agenda will be set by the Steering Committee. IV. Executive Session

An Executive Session closes a specific Faculty Senate meeting to voting members only. A motion

to enter Executive Session may include an allowance for specific special guests (including voice,

non-voting members) to remain. A motion to enter Executive Session requires a second and a

majority vote of the members present to go into effect. A motion to end an Executive Session

requires a second and a majority vote of the members present. An Executive Session expires at the

end of the meeting in which it was voted on, unless it has previously ended by a motion as described

above. V. Quorum

A quorum is constituted by one third of the members of the Senate eligible to vote.

VI. Voting on Major Motions

Major motions identified by the Steering Committee as affecting policies and procedures may not

be voted on in the same meeting that they are moved. A Senate motion is binding when a majority

of the members of the Senate eligible to vote approve the motion.


VII. Proxies

When a Senate member must miss a Senate meeting or a portion of a meeting, the Senate member

may select another Senate member to serve as proxy. The Senate member shall transmit in writing

the name of the person to serve as proxy to the Faculty Senate President. Proxies shall be counted

in the determination of a quorum and will have the same right to vote as the Senate member who

is absent. A proxy must be in writing, dated, and be limited to a specific motion that has been placed

on the table in a previous meeting.

VIII. Senate Approval of Recommendations of Standing Committees

The Standing Committees' reports and recommendations will be distributed to the Faculty Senate

members. Individuals will have one week from the day of distribution (two weeks in the summer)

to voice to the Senate President any objections. If five or more members of the Senate so object,

the matter will be placed on the agenda for the next meeting of the Faculty Senate. If there are no

such objections, the report or recommendation stands as the official policy of the Faculty Senate.

The President of the Senate will forward recommendations of the Senate and its Committees to the

appropriate dean (Business or Arts & Sciences) in a timely manner. Senate recommendations to

the Dean will proceed to the Provost, and then on President. The Dean will respond to the President

of the Senate in a timely manner about administrative action on the recommendations.

If the Dean does not agree with the Committee's recommendation, he or she will confer with the

Committee to try to resolve the difference. Afterwards, the Dean will send his/her recommendation

to the Provost and append to it the recommendation and report of the Committee. IX. Revisions of the By-Laws

These By-Laws may be revised by a majority of the eligible voting members of the Senate as

defined in Section 2.1.5 of the Faculty Constitution. The Board of Trustees must approve revisions

of the by-laws.


POLICY STATEMENT

SECTION III - FACULTY PERSONNEL POLICIES AND PROCEDURES

3.1 Definitions

3.1.1 Faculty Members

a. Contract faculty members with rank (hereafter referred to as "Contract Faculty") b. Academic administrators who teach (personnel policies and procedures in Section

III apply only to Faculty part of an Academic Administration appointment) c. Visiting Faculty, Lecturers, and Instructors d. Adjunct Faculty (personnel policies and procedures for Adjunct Faculty are covered

primarily by the terms of the contract of employment.)

3.1.2 Academic Year

July 1 through June 30, with designated College holidays and periods for scholarship and

vacation. Normally faculty members use summers for scholarship and vacation. They

may choose to provide College service that does not require major commitments of time.

Should they choose to teach or provide College service that requires major commitments

of time, they will be compensated.

3.1.3 Accreditation

Any College or university that has been awarded accredited status by one of the six

regional accrediting associations and/or AACSB.

3.1.4 Faculty Personnel Committee

A standing committee of the faculty. Its chair and members are elected by and from the

faculty.

3.1.5 Financial Exigency

A financial condition identified by the Board of Trustees in which an ongoing balanced

budget cannot be reasonably achieved without the termination or contraction of academic

programs or reduction of faculty positions.

3.1.6 Senior Contract Faculty

Faculty member holding the rank of Associate Professor or Professor.

3.1.7 The Provost

Chief Academic Officer


3.1.8 The Dean of Business & Academic Affairs

The Dean of Business & Academic Affairs manages the curriculum, course scheduling,

and assignment of faculty and supervises the faculty.

3.2 Definition of Contract Faculty

A contract member is a full-time faculty member employed by Menlo College who has been

appointed or promoted to one of the four academic ranks: Instructor, Assistant Professor,

Associate Professor, or Professor.

Such a faculty member:

a. Has full-time teaching duties or less than full-time teaching duties plus other academic duties

that combine to represent an equivalent full-time teaching load. Teaching is defined as

traditional classroom/laboratory studies instruction, as well as personal supervision of one or

more students in a learning context for which academic credit is given or academic

departmental requirements are met. Examples in addition to classroom teaching include

supervision of individualized study, senior essays/projects, internships, and supervision of

field and library research; b. Fulfills the duties and responsibilities of a faculty member as specified in Section 3.3,

"Faculty Duties and Responsibilities;" c. Meets or exceeds the criteria for academic rank as detailed below (Section 3.3); and d. Must maintain academically-qualified or professionally-qualified status as defined in Section

3.3.1 to continue on the faculty.

3.3 Faculty Duties and Responsibilities

Menlo College's academic rank appointment policy is part of its effort to assure that members of

the faculty are qualified by academic background, degree, and professional experience to carry

out the academic program in accord with the College's purposes. The policy also reflects the

College's desire to provide public acknowledgment of faculty achievement. Membership in the academic profession carries with it responsibilities for the advancement of

knowledge, the intellectual growth of the students, and the improvement of society. Faculty

members must order and evaluate their activities in terms of their personal and professional

development.

Members of the faculty of Menlo College should strive to improve the intellectual and practical

effectiveness of the College by willing and thoughtful participation in governance.


Recognizing that serving as a faculty member at Menlo College is a full-time responsibility, each

full-time, regular faculty member will normally assume responsibilities and be available to

students on campus no less than four (4) days per week. Outside (of Menlo College) teaching

employment must be approved in advance by the Provost. A full-time weekly teaching

assignment will consist of the appropriate weekly proportion of twenty-four units a year in

classroom instruction, six office hours and the balance allocated to academic advising and

mentoring students as well as scholarship, attendance at College meetings, administrative

meetings and Faculty Senate meetings. Special load consideration may be granted for approved

scholarly activities, program development and College service (e.g., President of the Faculty

Senate, Faculty Representative for Athletics or WSCUC coordinator). Teaching assignments will

be made by the Dean of Business & Academic Affairs in consultation with the faculty member

involved. As an educational institution, Menlo College does not wish to impose a rigid body of rules upon

the members of its faculty. The College does, however, have legitimate expectations concerning

the conduct of professional academics. The following statements outline in a general way the

obligations incumbent on faculty members of Menlo College.

3.3.1 Minimum Requirements

a. Arts & Sciences faculty qualifications are defined in the Academic Procedures Manual.

b. Business Faculty Qualifications

A Business faculty member must be either Scholarly Academic (SA), Practice Academic

(PA), Scholarly Practitioner (SP), or Instructional Practitioner (IP), as represented below.

These designations are consistent with the 2013 AACSB guidelines. Faculty members must

maintain their qualifications as described in Section 3.3.4.

Specific criteria applicable to each of the four designations are delineated in the Faculty

Qualifications (FQTF) document in the Academic Procedures Manual. In summary:

Scholarly Academics (SA) faculty members possess an earned doctoral degree or appropriate

terminal degree, and sustain currency and relevance through scholarship and related

activities. SA status is attained immediately after earning their research doctorate degrees.

They will maintain SA status for the next five years. Faculty members who are hired as

A.B.D. (all but dissertation) are considered SA for a period of 3 years from the time of

attaining their A.B.D. status. Subsequent to hiring, SA status is sustained as outlined in the

Academic Procedures Manual.


Practice Academics (PA) faculty members sustain currency and relevance through

professional engagement, interaction, and relevant activities. Normally, PA status applies to

faculty members who augment their initial preparation as academic scholars with

development and engagement activities that involve substantive linkages to practice,

consulting, other forms of professional engagement, etc., based on the faculty members’

earlier work as an SA faculty member. PA status is sustained as outlined in the Academic

Procedures Manual.

Scholarly Practitioners (SP) sustain currency and relevance through continued professional

experience, engagement, or interaction and scholarship related to their professional

background and experience. Normally, SP status applies to practitioner faculty members who

augment their experience with development and engagement activities involving substantive

scholarly activities in their fields of teaching. SP status is sustained as outlined in the

Academic Procedures Manual.

Instructional Practitioners (IP) sustain currency and relevance through continued

professional experience and engagement related to their professional backgrounds and

experience. Normally, IP status is granted to newly hired faculty members who join the

faculty with significant and substantive professional experience. IP status is sustained as

outlined in the Academic Procedures Manual.

3.3.2 Experience

Preferably, a minimum of two years of classroom teaching at the college or university

level in a subject or subjects related to primary teaching assignments at Menlo College,

and where appropriate, five years of closely related full-time professional level (post-

baccalaureate) work experience in a field closely related to primary teaching assignment

at Menlo College.

3.3.3 Teaching Effectiveness

Menlo College prides itself on being a teaching institution offering personalized

instruction. Teaching effectiveness, therefore, is a foremost condition for hiring of new

faculty and evaluation of current faculty. Failure to show a high standard of teaching

cannot be overcome by contributions in other areas. However, except in unusual cases,

an outstanding record in teaching does not by itself ensure a favorable recommendation.

The attributes and qualifications which should be considered and documented in

assessing teaching effectiveness may include, but are not limited to, the following:

a. Command of one's subject in the teaching of assigned courses; b. Ability to organize subject matter and to present it clearly, logically and

imaginatively; c. Knowledge of current developments in one's discipline; d. Ability to relate one's subject to other areas of knowledge; e. Ability to provoke and broaden student interest in the subject matter; f. Ability to engage students of diverse backgrounds in learning processes; g. Ability to utilize effective teaching methods and strategies;


h. Possession of the attributes of integrity, industry, open-mindedness and objectivity

in teaching; i. Leadership in teaching improvement activities; j. Participation in seminars, special courses, or workshops which develop classroom

teaching skills; k. Development of new courses; l. Redesign of courses; m. Development of new programs and degrees; n. Mentoring part–time faculty;

o. Supervision of individualized study, senior essays/projects, internships, and field and

library research.

p. Development of course learning outcomes and engagement in the development and

alignment of program and institutional learning outcomes; appropriate use of

assessment tools to ensure students are achieving relevant course, program, and

institutional outcomes as determined by assessment plans.

Sources of documentation include, but are not limited to, the following:

o Self-evaluation

o Peer evaluation, including peer observation of teaching

o Review of course syllabi by peers

o Student opinion surveys

3.3.4. Scholarship and Creative Work

Active involvement in one's academic and professional field is necessary as a foundation

for effective teaching. Evidence of scholarly, professional, and creative exchange of

ideas (intellectual contributions per AACSB for Business faculty) with colleagues inside

and outside the College, and the incorporation of resulting discoveries into teaching and

course, curriculum or program design, or the dissemination of new knowledge by means

of professional and scholarly outlets, shall be an important part of the evaluation. Menlo

College recognizes its financial commitment to the vital professional and academic

development of the faculty.

For the purpose of performance reviews, satisfactory performance is defined as sustained

and substantial annual progress toward the expectation of at least two peer-reviewed

scholarly or creative products over a five-year period.


With the College’s goal of maintaining AACSB accreditation, currently based upon

AACSB standards and revisions through January 31, 2016, (excerpted herewith), and

any subsequent revisions, intellectual contributions must come from “substantial cross-

section of the faculty in each discipline.” In addition, "the portfolio of intellectual

contributions is expected to include a significant proportion of peer-reviewed journal

articles and/or scholarly books, research monographs, or sections/chapters of such

publications that are also subject to a peer review process." These standards must be met

by the faculty collectively. Additionally the standards must be satisfied by discipline;

anyone teaching a business course must contribute in that discipline as part of the

collective contribution.

Indicators of achievement for the creative arts may, but will not always be, different from

those of the academic disciplines. However, in both cases, the focus should be on

contributions beyond the College. For the creative arts, this means that the artistic

product makes an innovative contribution to art theory or the practice of artistic

expression, a contribution that diffuses to local, regional, national, and international

circles. Likewise, scholarly products such as conference papers, journal articles, and

books should be valued according to their impact on and diffusion within the wider

academic audience.

In the context of the paragraph above, evidence of appropriate accomplishment includes,

but is not limited to, the following:

a. Peer-reviewed journal articles;

b. Peer-reviewed papers in conference proceedings;

c. Published articles (e.g., op-ed, popular press);

d. Scholarly books and chapters in scholarly books;

e. Other peer-reviewed published material such as cases and reviews associated with

scholarship;

f. Presentations of peer-reviewed scholarly work at academic conferences;

g. Panelist or discussant at academic conferences;

h. New textbook or textbook revision;

i. New instructor’s manual or revision;

j. Instructional software;

k. Invention related to discipline;

l. Patent related to discipline;

m. Publicly available research working papers;

n. Research grants and projects;

o. Editor of a journal or other scholarly work;


p. Referee of a journal or other scholarly work.

Sources of documentation include, but are not limited to, the following:

a. Self-evaluation of readings, presentations, publications, exhibits, or performances,

with copies provided by the faculty member; b. Evidence of professional dissemination of new knowledge by means of citation

indices relevant to the faculty member’s discipline (e.g., Social Sciences Citation

Index); c. Internal and external peer evaluation; d. Award of fellowships, grants, prizes, or patents; e. Election or appointment to a scholarly or professional post; and f. Transcripts of post-graduate or professional courses.

3.3.5 Service to the College, Advising and Student Development

As a small institution, Menlo College must necessarily depend upon its faculty for quality

services rendered outside the classroom. Therefore, a faculty member may reasonably be

expected to demonstrate participation in the operational, governance, advising, and

student development affairs of the College.

Faculty are required to fully participate in activities related to regular assessment and

accreditation requirements, including: developing course, program and institutional

learning outcomes; creating and implementing assessment plans for continuous

improvement; and engaging in program reviews. Participation is also required for

committees related to assessment and accreditation and for meetings during site visits by

accreditation review teams. Other services may include, but are not limited, to the

following:

a. Service as an academic advisor or mentor; b. Service on or leadership in community organizations and local, regional, national

and international professional societies; c. Service on committees, attendance at meetings, and participation in decision-making

and curriculum, program and degree development processes;

d. Service to and participation in the business of the general faculty (e.g., faculty

meetings, faculty committees); e. Service on and participation in the business of College committees; f. Fulfillment of special assignments (e.g., administrative assignments such as

recruitment and accreditation review); g. Participation in fundraising for the College or alumni relations activities; h. Service as a moderator of student activities; i. Planning and/or participating in extra-curricular student activities; and j. Advising students with special interests (e.g., law school, foreign study).


Sources of documentation include, but are not limited to the following:

a. Self-report of activities adequately documented; b. Committee chair evaluations or evaluations by the supervisor of an activity.

3.4 Professional Ethics

Although no set of rules or professional code can either guarantee or take the place of a

scholar's personal integrity, Menlo College believes that the "Statement on Professional Ethics"

promulgated by the American Association of University Professors in AAUP Policy Documents

and Reports, may serve as a reminder of the variety of obligations assumed by all members of

the academic profession. See:

http://www.aaup.org/AAUP/pubsres/policydocs/contents/statementonprofessionalethics.htm.

Because all faculty members should strive to make these recognized standards of the profession

an integral part of their personal and professional lives, they are reproduced below.

“Statement on Professional Ethics” By the American Association of University Professors

1. Professors, guided by a deep conviction of the worth and dignity of the advancement of knowledge, recognize

the special responsibilities placed upon them. Their primary responsibility to their subject is to seek and to state

the truth as they see it. To this end professors devote their energies to developing and improving their scholarly

competence. They accept the obligation to exercise critical self-discipline and judgment in using, extending, and

transmitting knowledge. They practice intellectual honesty. Although professors may follow subsidiary interests,

these interests must never seriously hamper or compromise their freedom of inquiry.

2. As teachers, professors encourage the free pursuit of learning in their students. They hold before them the best

scholarly and ethical standards of their discipline. Professors demonstrate respect for students as individuals and

adhere to their proper roles as intellectual guides and counselors. Professors make every reasonable effort to foster

honest academic conduct and to ensure that their evaluations of students reflect each student’s true merit. They

respect the confidential nature of the relationship between professor and student. They avoid any exploitation,

harassment, or discriminatory treatment of students. They acknowledge significant academic or scholarly

assistance from them. They protect their academic freedom.

3. As colleagues, professors have obligations that derive from common membership in the community of scholars.

Professors do not discriminate against or harass colleagues. They respect and defend the free inquiry of associates,

even when it leads to findings and conclusions that differ from their own. Professors acknowledge academic debt

and strive to be objective in their professional judgment of colleagues. Professors accept their share of faculty

responsibilities for the governance of their institution.

4. As members of an academic institution, professors seek above all to be effective teachers and scholars. Although

professors observe the stated regulations of the institution, provided the regulations do not contravene academic

freedom, they maintain their right to criticize and seek revision. Professors give due regard to their paramount

responsibilities within their institution in determining the amount and character of work done outside it. When

considering the interruption or termination of their service, professors recognize the effect of their decision upon

the program of the institution and give due notice of their intentions.

5. As members of their community, professors have the rights and obligations of other citizens. Professors measure

the urgency of these obligations in the light of their responsibilities to their subject, to their students, to their

profession, and to their institution. When they speak or act as private persons, they avoid creating the impression

of speaking or acting for their College or university. As citizens engaged in a profession that depends upon

freedom for its health and integrity, professors have a particular obligation to promote conditions of free inquiry

and to further public understanding of academic freedom.


3.5 Terms of Contract Appointments

All initial appointments adhere to the following schedule, unless the President explicitly states to

the contrary in the letter of appointment:

Instructor Full time one-year renewable contracts

Assistant Professor Initial one-year appointment, subsequent contract(s), if awarded, will be

for three years

Associate Professor Initial three-year appointment, subsequent contracts, if awarded, will be

six-year appointments

Professor Initial three-year appointment, subsequent contracts, if awarded, will be

six-year appointments

Appointments are for a twelve-month year (July 1 - June 30). See definition of "Academic Year,"

Section 3.1.2.

The terms and conditions of every new appointment will be stated by the President in the faculty

member's contract, a copy of which will be put in the individual's personnel file (see Section

3.5.1). The rank offered new faculty members will usually be in accord with requirements of that

rank and with the policies on promotion. At the beginning of each subsequent appointment year, the President or Provost will issue a Letter

of Understanding, which states the faculty member's rank, evaluation schedule, and salary status.

These yearly letters of understanding are not guarantees of continuing employment. Reappointments at the conclusion of the appropriate contract year are at the discretion of the

College, in accordance with the evaluation procedures in Section 3.6, "Procedures for

Reappointment, Promotion in Rank, and Review of Faculty in Six-Year Appointments." If a contract faculty member is not reappointed, he/she will receive notification of non-

reappointment according to the schedule cited in Section 3.9.1 (or 3.8.6). A contract faculty member on a three-year appointment will be reviewed in his/her second year.

If he/she is not reappointed, the third year of his/her appointment will serve as the terminal year. A contract faculty member on a six-year appointment will be reviewed in his/her fifth year. If

he/she is not reappointed, the sixth year of his/her appointment will serve as the terminal year.

3.5.1 Personnel File

A faculty member's personnel file ordinarily will include, but not be limited to, the

following:

a. A copy of the faculty member's academic contract(s); b. Information relating to the faculty member's academic and professional

accomplishments submitted by the faculty member or placed in the file at his/her

request;


c. Formal summaries of evaluations and reviews of the Provost, Dean of Business &

Academic Affairs and/or Dean of Arts & Sciences, and the Faculty Personnel

Committee; d. Copies of statements of professional goals and priorities; and e. Curriculum Vitae.

The faculty member will be notified of any changes in his/her personnel file.

The faculty member may, for the cost of duplication, obtain copies of materials in his/her

personnel file. Any such copies will be made by a member of the Dean of Business &

Academic Affairs’ staff.

3.5.1.1 Confidentiality

Menlo College respects the privacy of all members of its community and will

endeavor insofar as it is possible to respect and protect the confidentiality of the

above documents. Ordinarily, this file is available only to the faculty member,

President of the College, the Provost, the Dean of Business & Academic Affairs,

the Dean of Arts & Sciences, and the Human Resources Office. Further, the

College may permit access to and copying from such files to lawful requests from

federal, state or local authorities or as required by law. All parties involved in the

review process shall to the extent possible, maintain confidentiality. However, it is

necessary to recognize that in the course of fully investigating and evaluating

request for promotion, extended appointment or a challenge to teaching

effectiveness or academic competence, some disclosure of information is

inevitable and necessary. The goal of confidentiality shall not inhibit or restrict any

party from disclosing information or from taking action based upon the

information revealed in the review process if, in the opinion of the College, such

disclosure or action is in the best interests of the College, its students or faculty.

3.6 Rank Appointment Policy

Menlo College‘s academic rank appointment policy is part of its effort to assure that members of

the faculty are qualified by academic background, degree, achievements, and professional

experience, and being academically or professionally qualified as defined in this Faculty

Handbook, in order to carry out the academic program in accord with the College’s mission.

Continued employment at Menlo College is contingent upon a faculty member maintaining

academically or professionally qualified status. The policy also reflects the College’s desire to

provide public acknowledgment of faculty achievement.

3.6.1 Questions about Degree Equivalency for Rank

For initial and all subsequent faculty appointments to rank, the President, in accordance

with section 3.3.1, and in consultation with the Provost, the Dean of Business &

Academic Affairs, and the Personnel Committee, decides on the achievement in the

appropriate academic, artistic or professional community that will be considered the

equivalent of a doctorate or terminal professional degree required. The President will

provide written copies of such decisions to the individual involved as well as the Provost,

Dean of Business & Academic Affairs, and the Personnel Committee.


For initial appointment to rank for continuing faculty, the Dean of Business & Academic

Affairs, in consultation with the Personnel Committee, will forward to the Provost

recommendations for assignment to rank. The Provost will send his/her recommendation

to the President. The President reports the appointment to the Board of Trustees.

The Dean of Business & Academic Affairs will provide written copies of such decision

to the individual involved, and to the Faculty Personnel Committee.

3.6.2 Instructor: One-Year Appointment

The minimum criteria for a one-year appointment are:

a. Possession of a master’s degree from a regionally-accredited institution or equivalent

achievement in the academic, artistic or professional community (and for Business

faculty) in keeping with the requirements for being academically or professionally

qualified as defined in section 3.3.1.

b. Evidence of potential for satisfactorily fulfilling the duties and responsibilities of a

faculty member.

3.6.3 Assistant Professor: Three-Year Appointment

Normally, for newly hired faculty, the initial appointment at the Assistant Professor rank

will be for one or three years, depending on terms of contract. Following an evaluation

conducted in accordance with the procedures outlined in 3.7, the Dean of Business &

Academic Affairs and/or the Dean of Arts & Sciences, in consultation with the Personnel

Committee, will forward to the Provost a recommendation for termination or

reappointment for the one or three-year contract. The Provost will send his or her

recommendation to the President. The President reports the appointment to the Board of

Trustees

The minimum criteria for a three-year appointment are:

a. Possession of, or substantial progress toward, an appropriate earned doctorate or

terminal professional degree from a regionally-accredited graduate institution or

commensurate achievement in the appropriate academic, artistic or professional

community (and for Business faculty) in keeping with the requirements for being

academically or professionally qualified as defined in section 3.3.1. For Business

faculty, the earned doctoral degree (preferred), in a discipline appropriate to one’s

primary teaching assignment must be from an AACSB-accredited institution. b. Usually a minimum of three years of full-time ranked teaching in a regionally

accredited College or university. This requirement may be waived by the President

if the conditions of section "a" are met. c. Continuing satisfactory fulfillment of the duties and responsibilities of a faculty

member (See Section 3.3). d. Evidence of accomplishments in the areas identified in the faculty member's

Statement of Professional Goals and Priorities.

Faculty members are normally appointed to no more than two three-year contracts. If

they are not appointed to a six-year contract, the third year of their second three-year

appointment serves as the terminal year.


3.6.4 Associate Professor: Six-Year Appointment

The minimum criteria for a six-year appointment (subsequent to initial appointment) are:

a. Possession of an appropriate earned doctorate or terminal professional degree from

a regionally-accredited graduate institution or commensurate achievement in the

academic, artistic or professional community (and for Business faculty) in keeping

with the requirements for being academically or professionally qualified as defined

in section 3.3.1. For Business faculty, the earned doctoral degree (preferred), in a

discipline appropriate to one’s primary teaching assignment is preferred to be from

an AACSB-accredited institution.

b. Usually a minimum of six years of full-time teaching at the rank of Assistant

Professor at Menlo College or at an accredited College or university. The President

can accelerate the timetable for consideration for promotion to associate professor.

The President reports the appointments to the Board of Trustees. At the discretion of

the President, a record of eight years of full-time teaching at the rank of Instructor of

higher at a regionally accredited College or university, or a combination of these,

may satisfy this requirement. (See Section 3.7.2)

c. Continuing satisfactory fulfillment of the duties and responsibilities of a faculty

member (See Section 3.3.). d. Evidence of accomplishment in the areas identified in the faculty member’s


3.6.5 Professor: Six-Year Appointment

The minimum criteria for a subsequent six-year appointment are:

a. Possession of an appropriate earned doctorate or terminal professional degree from

a regionally-accredited graduate institution. In appropriate cases, the President may

substitute the requirement for a terminal degree with significant achievements in the

academic, artistic or professional community (and for Business faculty) in keeping

with the requirements for being academically or professionally qualified as defined

in section 3.3.1. For Business faculty, the earned doctoral degree (preferred), in a

discipline appropriate to one’s primary teaching assignment is preferred to be from

an AACSB-accredited institution. The faculty member's achievements should be

consistent with those of colleagues who hold the rank of Professor in related

disciplines at four-year Colleges. The President reports the appointment to the Board

of Trustees.

b. Usually, a minimum of six years of full-time teaching at the rank of Associate

Professor at Menlo College. At the discretion of the President, a record of twelve

years of full-time teaching at the rank of Assistant Professor or higher at a regionally

accredited College or university, or a combination of these, may satisfy this

requirement. (Section 3.7.2)

c. Continuing satisfactory fulfillment of duties and responsibilities of a faculty member

(See Section 3.3).

d. Evidence of accomplishments in the areas identified in the faculty member's



3.6.6 Professor Emeritus

Associate Professors or Professors who have limited or terminated their responsibilities

as faculty members after ten or more years of distinguished service to the College may

be appointed to an appropriate emeritus rank. A faculty member is designated and

appointed by the President to the appropriate emeritus rank. The President reports the

appointment to the Board of Trustees.

3.6.7 Academic Administrative Officers and Academic Rank Appointment

The College may appoint academic administrators to a faculty contract with or without

rank following the termination of their administrative appointment. Should an academic

administrator wish to be considered for such an appointment, the Faculty Personnel

Committee will review the candidate's faculty credentials, using the criteria cited in

Sections 3.6.1 and 3.6.5. The Personnel Committee will forward its decision to the Dean

of Business & Academic Affairs, who will consult with the Provost. The Provost will

forward a recommendation to the President. If the petition is granted by the President,

the candidate will follow procedures cited in section 3.8.

3.6.8 Ranked Faculty Members Who Accept Administrative Appointment

Contract faculty members who accept academic administrative appointments retain their

academic rank, but their full-time teaching contracts are suspended for the period of their

administrative service and are reinstated only upon return to full-time teaching status for

the remaining years of the contracts. Any teaching assignments during the period of

administrative service may be performed in an adjunct faculty capacity. Faculty holding

administrative positions normally are not promoted in academic rank during their

administrative services. When contract faculty members are first appointed to the administrative position, the

President, in consultation with the Provost and Dean of Business & Academic Affairs,

will state in writing the expectations concerning performance in teaching, service and

scholarship, creative work, and professional activities. In addition, the written agreement

will specify conditions under which the individuals may return to full-time faculty

positions and whether administrative time in rank will count toward promotion and

sabbaticals.

3.7 Policies on Promotion in Rank

Menlo College has a responsibility to improve its academic stature continually. This

improvement calls for increasing rigor in the application of evaluation criteria in the promotion

of faculty members. Therefore, faculty members will make a professional development plan

(Statement of Professional Goals and Priorities) which must be approved by the appropriate

Dean and the Provost. The promotional dossier will review the multiyear achievement of stated

goals. In evaluating a faculty member, the appropriate Dean and the Provost will assess the

faculty member’s performance in all areas over a period of time.


3.7.1 Statement of Professional Goals and Priorities

To provide focus to planning and evaluation, the faculty member will develop a

Statement of Professional Goals and Priorities for each evaluation period. The statement

will be based on the criteria for evaluation presented in Section 3.5. The Statement of

Professional Goals and Priorities will be submitted to the appropriate Dean for approval,

and a copy will be placed in the faculty member's personnel file. The statement will be

developed during the first semester of employment and subsequent revisions will be

developed in the semester following the faculty member's most recent evaluation. The

statement may be altered at any time by a written agreement of the faculty member and

appropriate Dean, in consultation with the Provost.

3.7.2 Annual Evaluation of Progress

All contract faculty members will write an annual self-evaluation of progress in

achieving the aims identified in the Statement of Professional Goals and Priorities. The

appropriate Dean and the Provost will add an evaluation to the statement and discuss

her/his observations with the faculty member. Criteria for evaluation will be the same as

those used in the contract evaluations. (See section 3.7.3 below.) As well as documenting

effective performance, this review provides both notification and opportunity for the

faculty member to improve inadequate performance. The self-evaluation and any

evaluations from the Dean of Business & Academic Affairs, the Dean of Arts & Sciences,

and the Provost will be added to the faculty member's dossier.

3.7.2.1 Standard Rating Scale for Evaluations

The following rating scale is to be used to describe the overall outcome of the

faculty member’s evaluation.

• Outstanding – Consistently exceeds requirements • Excellent – Performance exceeds requirements, and results are often above

reasonable expectations

• Satisfactory – Performance meets expectations • Less than satisfactory – Performance is below expectations and periodically

falls short of acceptable standards

• Unsatisfactory – Inadequate performance consistently falling short of

expectations

3.7.3 General Criteria for Evaluation

The criteria set forth in Sections 3.2 and 3.3, should be used by the individual faculty

member in preparing his or her self-evaluation, by administrators in evaluating a faculty

member, and by the Faculty Personnel Committee in its deliberations. No faculty

member is entitled to promotion solely because of length of service. Further, the level of

performance and relative weighting of the criteria depend on the rank for which the

faculty member is being considered.

Responsibility for supplying the justification for promotion rests with the faculty

member. The President may, however, recognize outstanding service in consideration of

early promotion in rank. (See Sections 3.2, "Definition of Contract Faculty," and 3.7.4,

"Teaching Experience.") In such cases the procedures for promotion set forth in Section

3.7 will be followed.


Promotions are not a guarantee of employment continuing beyond the appropriate

contract period.

3.7.4 Teaching Experience

The normal, minimum full-time ranked teaching experience required for each rank is

detailed in Section 3.3. A year of full-time, ranked teaching experience means that a faculty member has been

appointed as an Instructor, Assistant Professor, Associate Professor or Professor in an

accredited College or university for a complete academic year, as defined by that

institution. A year of full-time, ranked teaching at an accredited College or university is equivalent

to a year of full-time ranked teaching at Menlo College. A minimum amount of service

at Menlo College, however, is normally required before promotion to the next rank. The

minimum service is as follows:

a. For promotion to a six-year appointment at the rank of Associate Professor, a

minimum of two years of experience at Menlo College at the rank of Assistant

Professor on a three year appointment; and b. For promotion to the rank of Professor on subsequent six year appointments, a

minimum of three years of experience at Menlo College at the rank of Associate

Professor on a six year appointment.

Part-time teaching or teaching as a graduate assistant may not be counted as time toward

promotion. Teaching as a visiting faculty member during the regular academic year at a

regionally accredited institution of higher education and full-time academic, artistic,

business or professional experience may be counted towards promotion on a pro rata

basis, provided that the amount of credit has been agreed upon by the faculty member

and the Dean of Business & Academic Affairs at the time of the initial appointment.

3.7.5 Specific Criteria for Evaluation

All teaching faculty members will be evaluated on their teaching effectiveness;

scholarship and creative work; and service to the College, advising, and student

development as detailed in sections 3.3.3, 3.3.4, and 3.3.5 of this Faculty Handbook.

They also will be evaluated in the areas identified and agreed upon in their Statement of

Professional Goals and Priorities. Non-teaching faculty will be evaluated in terms of their

contracts.


3.8 Procedures for Promotion in Rank and Reappointment

By the eighth week of the spring semester, the Dean of Business & Academic Affairs will

notify all faculty members who in the next academic year are required to be evaluated. By the

fourth week of the fall semester, the Dean of Business & Academic Affairs will meet with the

Faculty Personnel Committee to establish a review schedule. Application for promotion in rank may occur at any year within the multiyear faculty contract.

Procedure, timeline, and requirements will follow those provided for a contract renewal.

3.8.1 Dossier

Faculty members under review are responsible for preparing a dossier and sending it to

the Dean of Business & Academic Affairs and/or the Dean of Arts & Sciences as

appropriate. People writing letters of evaluation send them directly to the appropriate

Dean to place in the dossier. In addition, the faculty member under review will make a

professional development plan to cover the contract period for which he or she is

applying, which must be approved by the appropriate Dean, in consultation with the

Personnel Committee. Copies of the dossier, letters of evaluation, and professional

development plan will be made available to members of the Personnel Committee and a

copy to the Dean of Business & Academic Affairs or the Dean of Arts & Sciences as

appropriate.

The dossier must have pertinent information from the faculty member, peers, and

students. The dossier must be organized and coherent. The following items either must

(mandatory) or may (optional) be included as noted. a. Must include a cover sheet that states

i. Faculty member name ii. Primary academic discipline(s) iii. Current rank iv. Beginning and ending dates of the current period under performance

review (current contract period).

v. Desired outcome from the review (e.g. request for reappointment for 3 years

at current rank of Assistant Professor).

b. May include a table of contents

c. Must include a self-evaluation. The self-evaluation is an overview of the faculty

member’s performance during the period under review.

d. Must include a Statement of Professional Goals and Priorities. This is a copy of the

Statement of Professional Goals and Priorities that was prepared at or near the

beginning of the period under performance review and may have been modified

periodically during the review period. See Section 3.7.1 of the Faculty Handbook.


e. Must include evidence on Teaching Effectiveness: Refer to Section 3.3.3 of the

Faculty Handbook.

i. Must include the acknowledgment that the faculty member gives permission for

the Personnel Committee to review student opinion surveys, or a statement that

the faculty member chooses not to grant permission.

ii. Must include list of all courses taught during the contract period excluding

summer school courses. May include table listing all classes taught during the

period under review, along with the semester taught, the class size, the mean

score on question 3 – “Instructor Overall” from the Menlo College Student

Opinion Survey Form, and the average of the final grades given. For example:

Course Semester Enrollment Instructor Overall

Average grade

MGT 002 Fall 2010 24 4.5 2.4 MGT 105 Fall 2010 18 4.7 2.7

Data for this table will be provided by the Office of Academic Affairs.

iii. Must include identification of any co-teaching assignments.

iv. Must include a course syllabus for each course taught (if the same course has

been taught several times it is sufficient to provide the syllabus for only the most

recent offering).

v. Must include at least one observation of teaching by the Dean of their School.

May include observation(s) of teaching by members of the Personnel Committee

or additional observations by the Dean of Arts & Sciences or the Dean of

Business & Academic Affairs.

vi. May include other materials to support engagement and teaching effectiveness

such as sample course materials; student comments about the course and

instructor; summaries of other teaching related education and activities;

summaries of other internships, individual study and special projects;

information on mentoring of teaching colleagues.

f. Must include evidence on Scholarship and Creative Work: Refer to Section 3.3.4 of

the Faculty Handbook. This section must include a succinct list of accomplishments

during the period under review. For each item listed, the faculty member must

include, if available, the date of solicitation or final acceptance of the item, and its

date of actual or anticipated publication or presentation. The list must include only

items that were solicited, accepted, published or presented during the evaluation

period under review. The dossier may include relevant abstracts or publications at

the end of this section.

g. Must include evidence on Service to the College, Advising, and Student

Development: Refer to section 3.3.5 of the Faculty Handbook. This section must

include a succinct summary of service activities during the period under review. h. Must include a current Curriculum Vita. i. Must include Letters of Evaluation.


i. Must have two letters from Menlo College faculty members provided directly to

the Dean of Business & Academic Affairs or the Dean of Arts & Sciences as

appropriate ii. May have two additional letters from Menlo College faculty members or other

professional or academic individuals. iii. May include written evaluations of recognized experts who do not have a current

or former affiliation with Menlo College.

j. May include other pertinent information as appropriate.

3.8.2 Personnel Committee's and the Appropriate Dean’s Discussion of Dossier with the

Faculty Member

The Chair of the Personnel Committee and the appropriate Dean will discuss the dossier

with the faculty member in such a way as to protect confidentiality and to identify issues

not reflected in the self-evaluation. The faculty member has ten working days following

the discussion to submit any additions or clarifying comments regarding the dossier to

the Personnel Committee and to the appropriate Dean.

3.8.3 Faculty Personnel Committee's Evaluation

The Personnel Committee will meet as a Committee with the appropriate Dean to discuss

the candidate. The candidate under review will not be present at this meeting. The Dean

meets with the Committee to share observations of the correspondence between the

faculty member's expertise and the College's educational needs.

After the discussion with the Dean, the Committee alone will evaluate the candidate on

the basis of the appropriate criteria stated elsewhere in this document.

The Committee may request additional information or external evaluations as it deems

desirable, in whatever form it deems appropriate, from persons on campus or off campus.

If the Committee identifies any new concerns about the dossier, the Chair will inform the

appropriate Dean about the concerns. The Chair of the Personnel Committee will discuss

the concerns with the faculty member in such manner to protect confidentiality. The

faculty member will have ten [10] working days following the discussion to submit any

additions or clarifying comments to the Personnel Committee, which will forward them

to the Dean. The faculty member may meet with the Committee to discuss any additions

or clarifying comments.

When the Committee has completed its deliberations, its Chair will send in writing the

Committee's recommendation and rationale to the Dean of Business & Academic Affairs

or the Dean of Arts & Sciences as appropriate.

3.8.4 Recommendations of Dean and Provost

If the Dean does not agree with the Committee's recommendation, he or she will confer

with the Committee to try to resolve the difference. After the conference the Dean will

send his/her recommendation to the Provost and append to it the recommendation and

report of the Committee. The Provost will make his or her recommendation to the

President.


3.8.5 President's Decision

After review of the Provost’s and Dean’s recommendations and review of the Personnel Committee's recommendation and report, the President makes a decision and

informs the candidate, Provost, the appropriate Dean, and Chair of the Faculty Personnel

Committee of the decision. The President informs the Board of Trustees of personnel

decisions no later than at its next regularly scheduled meeting.

Actions open to grievance, limitations and procedures are in Section 3.7.

A grievance may extend the deadlines for notification cited in Sections 3.7, provided that

the President inform the faculty member, Provost, the Dean of Business & Academic

Affairs and/or the Dean of Arts & Sciences, the Chair of the Faculty Personnel

Committee, and Chair of the Executive Committee of the Board of Trustees in writing

of the reason for the delay.

3.8.6 Notice of Reappointment and/or Promotion

Notice of reappointment and/or promotion should be given in writing by the President

by the following dates:

a. For an initial one year appointment, at least 3 months prior to the expiration of the

appointment; b. During the second academic year of service, at least 6 months prior to the expiration

of the appointment; c. At least 12 months prior to the expiration of the appointment after two or more years

of service at the College.

3.8.7 Policies for One-Year Renewable Instructor Appointments

a. Individuals with the Rank of Instructor on one-year renewable contracts will be

evaluated for reappointment annually. b. Such Instructors will follow the Timeline for Faculty Contract Review for

Individuals in First Year of Service. Dossier content shall follow the guidelines for

an Annual Evaluation of Progress, as set forth in section 3.7.2.

c. Such Instructors will be notified of renewal or non-renewal by the President no later

than March 31st of the current contract year, unless the Provost gives written notice

to the Instructor of special need for a later decision.

d. These evaluation and notification provisions supersede those of sections 3.8.6 and

3.9.1 for other contract faculty.


3.9 Policies and Procedures Relating to Separation

3.9.1 Non-Renewal and Non-Reappointment

"Non-renewal" means that a contract faculty member has decided not to accept the

College's offer of reappointment to a new contract term. Faculty members who elect not

to renew are requested to notify the College in writing at the earliest possible opportunity

but, in any event, no later than sixty [60] days after receipt of the College's written offer

of reappointment.

"Non-reappointment" means that the College has decided not to extend an offer of a new

contract to a faculty member at the expiration of his or her existing contract term.

Except in cases of one-year appointments, the decision not to re-appoint a faculty

member will be determined in accordance with the procedures set forth in Section 3.6,

“Rank Appointment Policy.” The final decision to appoint or not to re-appoint a faculty

member rests with the President.

Reasons for non-reappointment include, but are not limited to:

Individual Performance:

a. Lack of proficiency in teaching as defined in Section 3.3.3;

b. Inadequate scholarship and creative work as defined in 3.3.4;

c. Inadequate service to the College, advising and student development as defined in

3.3.5; d. In particular for Business faculty, failure to maintain academically or professionally

qualified status as defined in 3.3.1 and required by AACSB.

Institutional Needs:

a. Incongruence between the expertise of the faculty member and the educational needs

of the College; unwillingness or inability on the part of a faculty member (as

determined by the President, after consulting with the Provost, Dean of Business &

Academic Affairs, and the Personnel Committee,) to adapt to the educational needs

of the institution when College funding for necessary retraining is available;

b. Discontinuation or redirection of a program or department in accordance with

College policies and procedures; c. Financial exigency, as determined by the Board of Trustees.

Notice of non-reappointment should be given in writing by the dates shown in Section

3.8.6.

3.9.2 Voluntary Termination

"Voluntary termination" means that a faculty member has severed his or her

relationship with the College by either:


a. Resignation

b. Failure to return from vacation or approved leave without notification

Faculty members who resign are requested to notify the College in writing at the earliest

possible opportunity but, in any event, no later than four [4] weeks prior to their last day

at Menlo College.

3.9.3 Involuntary Termination

"Involuntary termination" means that the College has severed its relationship with the

faculty member because of either:

a. financial exigency

b. discontinuation or redirection of a program or department

c. Incapacity of the faculty member

d. Dismissal for cause

3.9.3.1 Financial Exigency

"Financial exigency" means that the Board of Trustees, after consultation with

the Faculty Senate Steering Committee and the President, has identified a

financial condition in which an ongoing balanced budget cannot be reasonably

achieved without a termination or contraction of academic programs or reduction

of faculty positions. Recommendations regarding specific faculty termination necessitated by

financial exigency will be made by the Provost. Such recommendations will be

reviewed by the President, who will make the final decision. A faculty member on a six-year appointment normally will not be terminated in

favor of a faculty member on a shorter appointment. However, seniority is only

one factor in the decision and faculty members on six-year appointments may be

terminated in the event of financial exigency if it is necessary to prevent

dysfunction of academic programs or to maintain the goals of the concerned

program or the College.

Notice of termination for financial exigency shall be given to faculty members

as early as possible but ordinarily no later than one year before the effective

termination date for faculty members on more than one-year appointments, and

six [6] months before the effective termination date for faculty members on

appointments of one year or less. Notice periods may be shorter in the case of

immediate and extraordinary financial exigency.


3.9.3.2 Discontinuation or Redirection of Program or Department

The President first will make a good faith effort to reassign any affected faculty

member. This effort will include providing reasonable funding for retraining. A

proposal to reassign or terminate a faculty member may be initiated by the

Provost after consultation with the Dean of Business & Academic Affairs,

Faculty Senate, and the faculty member involved. A decision by the President to

terminate individual contracts shall be based only upon the long-range

educational mission of the College and not upon cyclical or temporary variations

in enrollment. A faculty member terminated because of discontinuance or

redirection of program or department will receive severance pay according to the

following criteria:

a. Faculty with one year of service: one month's severance pay

b. Faculty with two years of service: two months' severance pay

c. Faculty with three years of service: three months' severance pay

d. Faculty with four and five academic years of service: six months' severance

pay [and benefits] e. Faculty with six academic years or more of service: one year of severance

pay [and benefits]

3.9.3.3 Incapacity or Death

"Involuntary termination due to incapacity" means that the President, in

consultation with the Provost, Dean of Business & Academic Affairs, and the

Personnel Committee, has decided that the faculty member in question is unable

to continue his or her responsibilities because of a physical or mental condition.

Any such decision will be based upon the particular facts and circumstances of

the individual case, and will be made in accordance with the state and federal

law relating to avoidance of discrimination and after attempts at reasonable

accommodations, rehabilitation and medical leaves have been completed.

In the event of death of a faculty member, his or her contract will be deemed to

terminate at the end of the month of his or her death.

3.9.3.4 Dismissal for Cause

"Dismissal for cause" occurs when the President, in consultation with the

Provost, Dean of Business & Academic Affairs, and the Personnel Committee,

has concluded that the faculty member in question is, for reasons other than

physical or mental condition, unwilling or unable to observe the necessary

standards of conduct of a Menlo College faculty member. Although each case

must be considered in the light of its specific facts and circumstances, and

although Menlo College cannot here specify every possible situation that might

arise, ordinarily, cause for dismissal should be directly and substantially related

to the fitness of a faculty member to continue in his or her professional capacity.

Although not an exhaustive list, the following are examples of the types of

conduct which may result in dismissal:


a. Professional incompetence

b. Neglect of academic duties

c. Violation of the rights of other faculty members, staff, or students

d. Evidence of the commission of a crime or wrongful act related to the faculty

member's position

Ordinarily, dismissal will not be initiated until the faculty member in question

has had an opportunity to correct the deficiency or deficiencies. Where

necessary, however, the College may eliminate or accelerate any such notice and

opportunity, or any of the following procedures. Dismissal may not be initiated prior to informal discussion between the President

and the faculty member. If a mutually acceptable resolution does not occur, the

President will give a written notice of dismissal to the faculty member. If the

faculty member wishes to challenge the decision, he or she must, within thirty

[30] days of receipt of the notice of dismissal, notify in writing the chair of the

Faculty Senate Grievance Committee of his or her wish to invoke the grievance

procedures described in Section 3.10 of this handbook.

Ordinarily, the faculty member in question will be entitled to continue in his or

her position, at full pay, during the pendency of the grievance procedures. If the

circumstances permit, the President will consult with the Provost, Dean of

Business & Academic Affairs, and the Personnel Committee before taking

action. However, if the circumstances do not permit, the President may take such

action as is reasonably necessary in light of the particular facts and circumstances

to protect the College or others from the possibility of harm or to otherwise act

in the best interest of the College, including, but not limited to, immediate

termination, removal of the faculty member from campus, and the termination

of pay, not withstanding that a grievance proceeding is pending.

3.10 Faculty Grievance

Menlo College is committed to establishing and maintaining harmonious working

relationships. The objective should be to resolve differences through direct and informal

discussion and to resort to the following formal procedure only after all other avenues have

been exhausted. In the event that differences cannot be otherwise mutually resolved, a faculty member may

grieve the following final decisions if he or she has a dispute about the interpretation,

application or practice of policy concerning:

a. Non-reappointment

b. Contract issues, except for those matters listed below (subsections (a) through (d)

below) c. Involuntary termination of a faculty member because of financial exigency,

discontinuance of a program or department, incapacity, or dismissal for cause


d. An action that the faculty member believes to be in violation of his or her contract or

applicable state or federal law

Faculty may invoke the grievance procedures for grievance for non-promotion in rank or

non-appointment to rank; however, such grievance shall be limited to an allegation of

major procedural violations. The grievance procedure may not be invoked for other disputes, including but not limited

to, complaints concerning:

a. Wages or benefits

b. Policies, procedures, or rules, except to the extent that it is alleged that policies, procedures,

or rules were not followed in connection with an issue that is subject to the grievance

procedure

c. The content of evaluations or other documents and reviews performed in connection with

evaluation, appointment, promotion and the like

d. Any pending decision respecting the faculty member's appointment, promotion or status

In such disputes, the faculty member is encouraged to resolve his or her differences informally,

but the ultimate decision of the administration shall be final. In the event that the faculty

member remains dissatisfied with the decision, he or she is entitled to seek a resolution through

the administrative reporting structure (Dean of Business & Academic Affairs, Provost,

President) and/or file a written statement of disagreement, which shall be filed in his or her

personnel file. If there is a dispute as to whether the issue is grievable, the Faculty Senate

Steering Committee will decide the matter.

3.10.1 Faculty Grievance Committee

The Faculty Grievance Committee consists of five faculty members and two alternates,

all of whom are elected by the Faculty Senate from nominations presented by the Steering

Committee of the Faculty Senate. Members are not eligible to serve on a Faculty

Personnel Committee during such term. Faculty Grievance Committee members may

disqualify themselves from a particular case due to bias or conflict of interest by their

own initiative or at the request of a party, and their place will be filled by an alternate.

Either party to a dispute may also, without stating cause, remove a maximum of two

committee members or alternates. A minimum of three Faculty Grievance Committee

members constitutes a quorum. A vote will be cast by a majority of those present.


3.10.2 Procedures

A faculty member invoking the grievance procedure must notify the Chair of the Faculty

Grievance Committee and the President in writing within thirty [30] days of receipt of

the decision which forms the basis for the grievance. The statement must set forth a

detailed description of the grounds of the grievance including names, dates, places and

times necessary for complete understanding; a proposed remedy; the name and address

at which the grievant is to receive correspondence concerning the grievance; and the

grievant's name, signature, and the date of submission. The statement must include a

clear description of the faculty policies and procedures that were not followed and/or

relevant, available information that were not considered as part of the decision and also

an explanation of why the decision would have been different. The statement must also

include any request for a Faculty Grievance Committee member to be removed by the

chair and any other challenges without cause to the seating of any Faculty Grievance

Committee member or alternate.

3.10.2.1 Stage One

The Faculty Grievance Committee must meet and constitute a "Seated Grievance

Committee" (hereinafter the "Grievance Committee") of a minimum of three

Faculty Grievance Committee members or alternates within ten [10] days of

receipt of the grievant's statement of grievance.

3.10.2.2 Stage Two

The Grievance Committee will schedule a Stage Two hearing to be held within

thirty [30] days, and will notify those named or implicated in the grievance. The

hearing will take place in accordance with the following rules and procedures:

3.10.2.3 Hearing Procedures

The Grievance Committee may, with the consent of each of the parties

concerned, hold joint pre-hearing meetings with the parties in order to (i)

simplify the issues, (ii) effect stipulations of facts, (iii) provide for the exchange

of documentary or other information, and (iv) achieve such other appropriate

pre-hearing objectives as will make the hearing fair, effective, and expeditious

The faculty member is entitled to appear in person before the Grievance

Committee at the hearing. If the member waives his or her right to personal

appearance, the Committee must rest its recommendation on the evidence in the

record.

The College will be represented at the hearing by the President or his or her

designee. The Administration and the faculty member will have the option to

call any witnesses in their behalf. The principals and witnesses in this action

must appear before the Grievance Committee if requested by the parties to the

grievance or by the Grievance Committee.

The Grievance Committee, in consultation with the President or his or her

designated representative and the faculty member, will determine whether the

hearing should be public or private.


During the hearings, the faculty member will be permitted to have at his or her

own expense, an advisor who is not a lawyer.

The Grievance Committee will not be bound by strict rules of evidence and may

consider any evidence which it believes to have probative value.

To facilitate the accurate evaluation and timely processing of a grievance, the

grievant, the Grievance Committee, and the Administration should use the

Grievance Checklist, which is Appendix A of this Faculty Handbook.

Although the time deadlines stated in any of these procedures are ordinarily to

be observed strictly, the Grievance Committee may extend any deadline upon its

own or a party's request where required by fairness.

3.10.3 Decision

Within ten [10] days of the hearing, the Grievance Committee shall issue its decision in

writing.

Within ten [10] days of the receipt of the Committee’s report, the President will

determine whether or not to approve or reject the Committee’s decision, or take some

other action. The President shall have the final authority to set aside the report of

recommendation of the Grievance Committee if in his or her sole determination it is in

the best interests of the College. The President will then issue his or her decision in

writing. The decision may be appealed to the Executive Committee of the Board of

Trustees.

3.10.4 Arbitration

It is the College's belief that resolving legal claims between a faculty member and the

College, by using binding and neutral arbitration, rather than the full court system, is

mutually beneficial. Arbitration can be faster and less costly, and just as fair.

The College and its faculty members will include in their appointment contracts that all

unresolved legal disputes initiated by either of them, relating to the employment

relationship, including issues arising from federal and state law, shall exclusively be

settled by final and binding arbitration, not by court or jury.

The College and the faculty member will jointly select an arbitration agency and

arbitrator to hear and determine the dispute; if they cannot mutually select, the

presiding judge of the Superior Court will appoint a retired judge. The College and the

faculty member may use attorneys and can obtain discovery to the same extent as in

court. The retired judge must make his decision in writing so that either party can

appeal under the California arbitration laws. The College will pay the fees of the

arbitration agency and of the arbitrator, and the faculty member will not need to do so.

However, if the faculty member desires, the faculty member may pay 50% of the fees.

If any violation of law or contract is found by the retired judge to have occurred, the

retired judge will have the power to award all relief to the aggrieved, to the same extent

as in court.


3.11 Policy on Sabbatical Leave of Absence with Salary

3.11.1 Purpose for Providing Sabbatical Leaves

Sabbatical leaves of absence are among the most important means by which an

institution’s academic program is strengthened, a faculty member’s teaching

effectiveness enhanced, and scholarly usefulness enlarged. The major purpose is to

provide opportunity for continued professional growth and new or renewed intellectual

achievement through study, research, writing, or travel. A leave may either involve

specialized scholarly activity or be designed to provide broad, cultural experience and

enlarged perspective.

3.11.2 Eligibility

Any contract faculty member with the rank of assistant professor or higher who has

served full-time for six or more years at the College is eligible for consideration for a

sabbatical leave

3.11.3 Options

The following sabbatical leave options are available to the faculty: After six appointment

years of full-time service:

a. One appointment year at half salary, or

b. One-half an appointment year at full salary

3.11.4 Service Time

Time spent on any type of leave of absence is not counted as full-time service.

The term “six years of service” refers to full-time appointments in a contract faculty

appointment at the College but not counting leaves of absence without pay. The term

“six years of service” also includes other full-time service at the College that has been

included in the period for rank consideration. Such service at other institutions of higher

learning shall not be included.

3.11.5 Subsequent Sabbatical Leaves

A faculty member becomes eligible to apply for a subsequent sabbatical leave under the

terms and conditions specified above, provided that a minimum of six contract years of

full-time service has elapsed since the beginning of a previous sabbatical leave. (Time

spent on sabbatical leave, or any other kind of leave, is not counted as part of the six

contract years of full-time service.)

3.11.6 Limitations on the Sabbatical Stipend

A faculty member on sabbatical leave shall not give, for compensation, personal service

that will adversely affect the sabbatical leave project. Any service for compensation shall

be reported to and must be approved in advance by the Dean of Business & Academic

Affairs.


3.11.7 Number of Sabbatical Leaves per Year

Not more than ten percent [10%] of the contract faculty members may be on sabbatical

leave during any one semester in a single academic year. Leaves will be distributed

between the fall and spring semesters so as to minimize disruption to course offerings.

Approval of a sabbatical leave of absence with full or partial pay depends on the ability

of the institution applicant’s academic unit to absorb some of the financial obligation.

One example is the combining of sections of a course.

3.11.8 Return to Full-time Service

A recipient of a sabbatical leave is required to serve at the College for at least one year

after the sabbatical leave expires or repay the amount of compensation received while on

leave. If a recipient of a sabbatical departs voluntarily prior to completion of one year,

or returns to the College for a period of less than one year, the amount repayable shall be

prorated in relation to the amount of return service given. For example, if he or she

returns for one-half year, the repayable amount shall be one-half the compensation

received while on leave. This repayment policy requirement may be waived or altered at

the discretion of the President.

3.11.9 Process of Applying for a Sabbatical Leave

The faculty member is responsible for submitting his or her application for a sabbatical

leave on a form provided by the College. Such applications should be submitted to the

Personnel Committee by December 1 preceding the fiscal year during which the leave is

to begin.

The application must be accompanied by the following:

a. A statement giving full details concerning the purpose of the leave and plans for its

use b. A vita giving full details of the applicant’s educational preparation, work history,

and accomplishments at the College

3.11.10 Approval of Sabbatical Leaves

Final approval for sabbatical leaves will be made by the President, after recommendation

by the Provost, in consultation with the Dean of Business & Academic Affairs and the

Faculty Personnel Committee.

3.11.11 Benefits While on Leave

Annual raises and benefits will not be withheld by reason of the sabbatical leave and both

the faculty member and the College will continue to pay their normal full share toward

retirement contribution proportionate to salary, group life, health, dental, and disability

insurance, tuition-remission benefits according to eligibility, and federal programs to the

extent permitted by law.


3.11.12 Report of Activity and Accomplishment

The recipient of a sabbatical leave submits a written report on the extent to which he/she

has achieved the purpose for which the leave was granted; this report shall be submitted

to both the Provost, in consultation with the Dean of Business & Academic Affairs and

the Faculty Personnel Committee.

3.12 Faculty Attendance at Opening Convocations, Commencement, and Faculty Meetings

Every faculty member is required to attend opening convocation, commencement, and

meetings of the Academic Senate. If a faculty member needs to be excused from convocation

or commencement, he or she needs to make arrangements with the Dean of Business &

Academic Affairs or, in the case of faculty meetings, with the President of the Senate.

3.13 Faculty Participation in Budgetary and Salary Matters

The policy of Menlo College regarding faculty participation in budgetary and salary matters

is consistent with the position enunciated by the AAUP in AAUP POLICY DOCUMENTS

AND REPORTS, 1990 amended version, Section 2. “The Academic Institution: Joint Effort,

item c. International Operations of the Institution.”

http://www.aaup.org/AAUP/pubsres/policydocs/contents/governancestatement.htm, asserting

that “The allocation of resources among competing demands is central in the formal

responsibility of the governing board, in the administrative authority of the president, and in

the educational function of the faculty. Each component should therefore have a voice in the

determination of short- and long-range priorities, and each should receive appropriate

analyses of past budgetary experience, reports on current budgets and expenditures, and

short- and long-range budgetary projections.”

http://www.aaup.org/AAUP/pubsres/policydocs/contents/governancestatement.htm

http://www.aaup.org/AAUP/pubsres/policydocs/contents/governancestatement.htm


3.13.1 Institutional Budgeting

The faculty, through its Steering Committee:

a. Makes recommendations on priorities relating to budget and finance

b. Receives administration evaluation of financial programs and concerns, and

c. Conveys to the administration the concerns of the faculty in fiscal matters.

3.13.2 Salary Policies and Procedures

The faculty through the Steering Committee will participate in the establishment and any

alteration of criteria for salary increases and procedures for determining them.

3.13.2.1 Salary Raises

A faculty member’s raise is based on merit performance and availability of

funds. A raise is determined by the President, in consultation with the Provost,

Dean of Business & Academic Affairs, the Dean of Arts & Sciences, and

Personnel Committee, following the procedures set forth in Section 3.7.2,

“Annual Evaluation of Progress.”

3.13.3 Benefits

The faculty through the Steering Committee participates in decisions about programs of

professional compensation over and above base salaries, and participates in periodic

reviews of these programs. At the time of the initial appointment and at the subsequent

beginning of each academic year the Human Resources Office will provide each faculty

member with a statement of benefits.


POLICY STATEMENT

SECTION IV - VISITING FACULTY AND LECTURERS

4.1 Visiting Faculty and Lecturers

Visiting Faculty and lecturers have the same academic freedom as contract faculty. Unless

stated otherwise, the policies and procedures of Section 1 do not apply to visiting faculty and

lecturers.

4.1.1 Visiting Faculty

A visiting appointment is to a full-time position on a year-by-year basis for a period

usually not to exceed three (3) years. The appointment is to an appropriate rank as

determined by the President.

4.1.2 Lecturers

Lecturers are normally hired to teach specific courses on a short-term basis. The position

usually does not lead to promotion to the regular academic ranks.

Lecturers are selected by the Provost in consultation with the Dean of Business &

Academic Affairs, the Dean of Arts & Sciences, and with the appropriate faculty.

Selection of Lecturers should be consistent with the academic standards of Menlo

College. A person assigned this title should meet or exceed the minimal requirements set

forth in Section 3.6.2.

In lieu of these requirements, considerable experience in an appropriate artistic or

professional field may be substituted.

Lecturers are expected to be available for a reasonable amount of time to counsel students

regarding their course work. The amount of time will be determined by the appropriate

Dean in consultation with the faculty member. The appropriate Dean will give a copy of

policies and procedures to all new faculty members at the time of their initial

appointment.


APPENDIX A

GRIEVANCE CHECKLIST

Please use this grievance checklist as a guide to following the formal procedure included in section

3.10 Faculty Grievance of the Menlo College Faculty Handbook.

Grievant’s Name Date of decision which forms the basis for the grievance

Completed in time

Step

stated and detail

required by the

Faculty Handbook?

1 Determine if a matter is grievable per handbook section 3.10

Faculty Grievance.

2 Types of grievances: Check one box of

a. Non-reappointment grievance type:

b. Contract issues, except for those excluded per section 3.10 a.

c. Involuntary termination of a faculty member because of

financial exigency, discontinuance of a program or

department, incapacity, or dismissal for cause

b.

c.

d.

d. An action that the faculty member believes to be in violation

of his or her contract or applicable state or federal law

e.

f.

e. Only in the case of an allegation of major procedural

violations, non-promotion in rank

f. Only in the case of an allegation of major procedural

violations, non-appointment to rank

3 The faculty member invoking the grievance notified the Chair of the Faculty Grievance Committee and the President in writing within thirty (30) days of receipt of the decision which forms the basis for the grievance.

Date notified:

_________

4 The grievance statement includes: Check one box per

a. Detailed description of the grounds of the grievance including

names, dates, places, and times necessary for completed

understanding

letter item to confirm

completion of each

item:

b. A proposed remedy

a.

c. The name and address at which the grievant is to receive

correspondence concerning the grievance

b.

d. The grievant’s name, signature, and the date of submission. c.

e. Clear description of the faculty policies and procedures that

were not followed and/or relevant information that were not

considered as part of the decision and also an explanation of

why the decision would have been different

d.

e.

f.

f. Inclusion of any request for a Faculty Grievance Committee

member to be removed by the chair and any other challenges

without cause to the seating of any Faculty Grievance

Committee member or alternate.


Completed in time

Step

stated and detail

required by the

Faculty Handbook?

5 Stage One. Faculty Grievance Committee met and constituted a “Seated Grievance Committee” of a minimum of three members or alternates within ten (10) days of receipt of the grievant’s statement of grievance.

Date: _________

6

The Grievance Committee scheduled a Stage Two hearing to be held within thirty (30) days from the formation of the Seated Grievance Committee.

Date: _________

7 Those named or implicated in the grievance were notified of the above in a timely manner.

8

With the consent of each of the parties concerned, the Grievance Committee held and/or offered joint pre-hearing meetings per section 3.10.2.3 Hearing Procedures.

Date: _________

9 The faculty member appeared in person before the Grievance Committee at the hearing or waived his or her right to do so.

10 The College was represented at the hearing by the President or his or her designee.

11 Both sides of the dispute were given the option to call witnesses on their behalf.

12 The principals and witnesses in the action appeared before the Grievance Committee, if requested by the parties to the grievance or by the Grievance Committee.

13 The Grievance Committee, in consultation with the President or his or her designated representative and the faculty member, determined whether the hearing was in public or private.

14 The faculty member was permitted to have, at his or her own expense, an advisor who is not a lawyer.

15 Within ten [10] days of the hearing, the Grievance Committee issued its decision in writing.

Date: _________

16 Within ten [10] days of the receipt of the Committee’s report, the President determined whether or not to approve or reject the Committee’s decision, or take some other action. The President issued his or her decision in writing.

Date: _________

17 The decision by the President was appealed to the Executive Committee of the Board of Trustees.

Date: _________