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HB 1144 and Its Impact on Non-tenure Track Teachers (NTTF) in Colorado:

Some FAQs

Prepared by the Colorado Conference,American Association of University Professors (AAUP)

(1) What impact does HB1144 directly have on the at will clause in the 3-year NTTF contracts

authorized by the bill?

HB 1144 eliminates the at will concept in contracts for a fixed term. The previous law required

that "at will" language be placed in every contract, regardless of whether there was a specified

term of employment. HB 1144 makes the law about contracts logical: if you're hired for a term,

that's the length of the contract. If you're fired or quit during that time, either party has grounds

for legal action for breach of contract. There was no viable legal basis to proceed under the old

law because the statutorily-required principle of at will employment nullified any other contractrules.

(2) Does HB1144 imply a different type of 3-year contract to NTTF than what currently exists

within academic units that can possess little to no protection to NTTF?

HB 1144 does not create a different type of contract. It makes contracts enforceable. Teachers can

be hired for up to three years, less than three years, or as employees at will if no time is specified.

The new law just makes hiring sensible. If we want a teacher for one year, we say so. If more,

then that's specified. The old law required the contract in all cases would be "at will," which was

a contradiction on its face for most non-tenure track teachers who worked for a stated period of

time.

(3) Can HB1144 have implications relative to a responsibility at the university level (e.g.,Provost or Vice-Chancellor of Academic Affairs) to monitor internally and/or report externally

on the content, structure, or administration of 3-year NTTF contracts?

HB 1144 does not have any implications for the level of action. Any administrator with authority

to enter into a contract for teaching can do so without any consequences under the law. But unless

upper level administrators are just ignorant about what's happening, they will probably develop

college or university level guidelines for hiring NTTFs. If they dont, they shouldnt be getting an

administrators paycheck.

(4) Can HB1144 motivate provisions of due process at the university level (e.g., Provost or Vice-Chancellor of Academic Affairs) addressing the administration of 3-year contracts to NTTF at

the department or college level?

No. The 2011 version of HB 1144 tried to protect NTTFs by requiring procedural due process. It

was soundly rejected in committee because universities, prominently including CU, sent their

lobbyists down to cry wolf to the legislature. It worked. Rep. Fischer took the idea out of this

year's proposal.

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(5) If the answer is yes to any of these questions, then what insight does AAUP have on these

issues?

AAUP does have some ideas about security for NTTFs. One proposal that's under discussion is a

simple departmental or college level review panel. Some sample draft language is below:

1. In the event an NTTF appointment is terminated or is not renewed, the individual will be given

a written statement of the reason or reasons for the termination or nonrenewal. If the individual is

not satisfied with the statement, he or she shall have recourse to the dispute process below.

2. The individual will submit a written statement to the hiring authority, normally the department

chair or a designee, setting forth reasons for opposing the decision.

3. The department chair or designee will respond in writing within five working days reversing or

upholding the decision.

4. If the individual is not satisfied with the response, he or she may appeal to the Dean of the

College or the Deans designated administrative official. The official will respond in writing

within five working days either upholding or reversing the decision of the unit administrator.

5. If the individual challenges the Deans determination, the final stage of appeal shall be to an ad

hoc committee consisting of three tenured faculty members holding the rank of Associate or

above. The committee will be appointed as follows: one member chosen by the Dean, one

member chosen by the department head, and one member chosen by the individual. The

committee will meet and consider the documents submitted in the case, and then render amajority decision in the case. If the committee finds that the decision was arbitrary, capricious, or

discriminatory, the administrative decision will be overturned and the NTTF will be awarded

another appointment and any back pay lost as a result of the initial decision.

6. The dispute process in this contract constitutes a waiver of all other claims to the extent

permitted by law.