2.2 Faculty Appointment, Reappointment, Promotion and Tenure Standards and Procedures

  • (Approved Spring 1997; Amended January 1998 - Capital University Law School Faculty)
  • 2.2.01 General Policy

    Promotion and tenure standards are designed to assure that the Law School’s faculty will fulfill the school's mission. In applying these standards, consideration shall be given to the particular tasks assigned to individual faculty members and to the relative importance of the responsibilities agreed to by the Dean and the candidate. These standards and procedures govern the procedures of the Capital University Law School. 
  •  2.2.02 Faculty Appointment, Reappointment, Promotion, and Tenure Standards

    A. Introduction
    Law school appointment, reappointment, promotion, and tenure considerations are primarily a matter for determination by members of the law school faculty. Except in rare cases for compelling reasons, faculty appointments, reappointments, promotion, and tenure actions will not be made over the opposition of a majority of those law school faculty members entitled to vote under Section 2.2.04(F)(3).
    The reappointment, promotion, and tenure standards and procedures are a part of the development of a law school faculty and are not dependent on numerical limits on how many persons can hold a particular rank or tenure. Reappointment, promotion, and the granting of tenure are independent decisions.
    Reappointment, promotion, and tenure decisions are based on the following: (1) teaching effectiveness; (2) scholarship; and (3) university, professional, and community service. Although no absolute quantitative values can be assigned to these three categories, teaching effectiveness and scholarship weigh more heavily than do university, professional, and community service.

    B. Definitions and Explanation

    1. Teaching effectiveness. Teaching effectiveness means teaching that is thoughtful, provocative, and effective.

    Teaching effectiveness will be evaluated (based primarily on peer review) by considering the following factors: knowledge and understanding of the course material; level of preparation for each class; selection and organization of course materials; effectiveness of communication; ability to stimulate critical thinking among students; enthusiasm for teaching; relationship with students; and professional classroom demeanor. For candidates who are engaged in clinical teaching, teaching effectiveness will be evaluated (based primarily on peer review) by considering the following factors: depth of understanding of the subject, legal issues, evidentiary issues, and local practice; ability to stimulate interest and thinking among students; ability to identify and develop pertinent ethical and policy issues; provision of sufficient feedback to students; relationship with students; and professional demeanor.

    2. Scholarship. Scholarship means high quality contributions of legal writing and research that evidence insights into the nature of legal problems.
    In any reappointment, promotion, or tenure decision, the following factors should be considered in evaluating whether the candidate’s legal writing and research is of high quality: clarity of expression; thoroughness of analysis; scope and depth of subjects covered; difficulty and complexity of the subject matter; originality of the study; and actual or likely impact of the work. Although no particular form of scholarship must be adhered to in order to satisfy the scholarship component of the criteria for reappointment, promotion, or the awarding of tenure, ordinarily the candidate will demonstrate scholarship in the form of scholarly law review articles or comparable scholarly products.
    When a candidate offers a scholarly product as comparable to a law review article or articles, it must:

    1) reflect the same degree of originality, creativity, intellectual inquiry, and effort as a law review article; and

    2) advance knowledge and understanding of legal matters.

    3) Projects, such as empirical research, a book, or a chapter in a book may satisfy the criteria. Identifiable contributions to co-authored publications will also be considered.

    4) University, Professional, and Community Service. University, professional, and community service means contributions to the university, the profession, or the community (local or national).

    C. Criteria for Reappointment

    Subject to the constraints on reappointment otherwise applicable to probationary employees contained in University regulations, a candidate shall be reappointed if he or she is making sufficient progress toward the achievement of tenure.

    D. Criteria for Promotions

    1. A non-tenured faculty member hired at the assistant professor level may seek promotion to associate professor after having completed two full years as an assistant professor. Such a candidate shall be promoted to associate professor when he or she has made sufficient progress to make likely the achievement of tenure. Publication or acceptance for publication of a completed scholarly article (or completed comparable scholarly product) by the candidate that meets the standards defined in Section 2.2.02(B)(2) will raise a presumption that the candidate has met the scholarship component of the criteria for promotion to associate professor.
    2. An associate professor may seek promotion to full professor after having completed two full years as an associate professor. Such a candidate shall be promoted to full professor when his or her teaching effectiveness, scholarship, and university, professional, and community service have earned him or her a reputation for excellence and it is likely that the candidate will continue to be an effective teacher, productive scholar, and contributor to the university, the profession, and the community. Publication or acceptance for publication of three completed scholarly articles (or completed comparable scholarly products) by the candidate that meet the standards defined in Section 2.2.02(B)(2) will raise a presumption that the candidate has met the scholarship component of the criteria for promotion to full professor.

    E. Criteria for Tenure

    Unless otherwise agreed to in writing at the time of initial appointment, a faculty member may first be considered for tenure during his or her fourth year of full-time law teaching, provided that two years have been completed at Capital University Law School. Unless otherwise agreed to in writing at the time of initial appointment, the contract tendered to a non-tenured tenure-track faculty member for his or her seventh year of active employment as a tenure-track faculty member at Capital University Law School must be either an appointment with tenure or a terminal one-year contract.
    A candidate shall be granted tenure when his or her overall record demonstrates teaching effectiveness, scholarship, and university, professional, and community service as defined in Section 2.2.02(B) and it appears likely that the candidate will continue to be a vital, productive faculty member throughout his or her career.

    The quality, as opposed to the quantity, of a candidate’s work is the most important single factor in evaluating scholarship in connection with the tenure decision. Nonetheless, publication or acceptance for publication of two completed scholarly articles (or completed comparable scholarly products) by the candidate that meet the standards defined in Section 2.2.02(B)(2) will raise a presumption that the candidate has met the scholarship component of the criteria for tenure. Normally, this presumption will not arise unless the scholarly articles (or comparable scholarly products) were written within six years of the candidate's application for tenure.
  •  2.2.03 Qualifications for Faculty Appointment

    The following statement of qualifications shall serve, in light of the criteria specified in Section 2.2.02, as normal standards for new tenure-track appointments at Capital University Law School.

    A. Librarian
    J.D. (or LL.B.), a graduate degree in library science, and experience in a law library.

    B. Assistant Professor
    J.D. (or LL.B.) or, in exceptional cases, Ph.D.

    C. Associate Professor
    J.D. (or LL.B.) or, in exceptional cases, Ph.D.; and has satisfied the scholarship criteria for promotion to associate professor as defined in Section 2.2.02(D)(1); and either:

    1. six years of law work; or
    2. three years as a full-time faculty member in an ABA-accredited law school.

    D. Professor
    J.D. (or LL.B.) or, in exceptional cases, Ph.D.; and the qualifications for promotion to full professor as defined in Section 2.2.02(D)(2); plus a minimum of six years law teaching in a full-time position at an ABA-accredited law school.

    Notwithstanding the foregoing normal standards, the Dean, after consultation with the faculty, may hire a tenure-track faculty member at a different rank than these standards would otherwise indicate.
  •  2.2.04 Procedure
    A. Notice and Timing of Faculty Consideration of Personnel Actions

    1. The faculty shall consider all individual non-tenured tenure-track faculty members for reappointment each year.
    2. In order to be considered for any promotion or for tenure in an academic year, a faculty member must apply in writing to the Dean no later than the first day of Fall semester classes that year. The Dean shall promptly forward the candidate’s application to the chair of the Faculty Personnel Actions Committee and the chair of the candidate’s individual evaluation committee.
    3. The specific dates set for the various stages of the Procedure in the following provisions will apply unless a majority of the faculty entitled to voted under ' IV(F)(3)(a) votes to reset one or more of the dates. If a date specified in the following provisions falls on a weekend or holiday, the date of the next business day will be substituted.

    B. Faculty Personnel Actions Committee

    The Dean annually shall appoint a three-member Faculty Personnel Actions Committee (FPAC) to administer the reappointment, promotion, and tenure process. At least one of the members shall have served on the committee during the immediately preceding year. Duties of the FPAC include:

    1. coordinating individual evaluation committees;
    2. explaining procedures to all law faculty members;
    3. setting a specific calendar for the Procedure; and
    4. coordinating the evaluation of teaching effectiveness of visiting and part-time faculty members.

    C. Individual Evaluation Committees

    1. An individual evaluation committee shall be appointed for each full-time tenure-track faculty member who is either not tenured or not a full professor. Each committee shall consist of three persons. The committees will operate under the general administrative supervision of the FPAC.
    2. Members of the evaluation committees must be tenured full professors. They shall be appointed by the Dean in consultation with the candidate to insure that all new members are acceptable to the candidate.
    3. The evaluation committee for each candidate will be appointed at the beginning of the fall semester of the candidate's first year and will continue until the candidate either leaves the law school or becomes a tenured full professor. Membership on the individual evaluation committee will change only (1) when a member of the committee leaves the law school, goes on leave or sabbatical, or resigns from the committee; or (2) when the Dean, after consultation with the candidate, decides that a member should be replaced.
    4. Each individual evaluation committee will conduct a thorough and ongoing review of the accomplishments of its candidate as to all factors relevant to any upcoming personnel action. This review will include:
    5) class evaluations (which may be made by faculty members not on the committee) or evaluations of other activities for candidates not primarily engaged in classroom teaching. Ordinarily, these evaluations should occur every semester until the candidate is granted tenure;
    6) review of the candidate’s scholarly articles (or comparable scholarly products). In order to assist the law school faculty in evaluating the quality of a candidate’s scholarly work, at the time the candidate seeks promotion or tenure, his or her file must (absent extenuating circumstances) contain at least two outside evaluations of each work the candidate presents as satisfying the scholarship portion of the promotion and tenure criteria. Previously-evaluated scholarly works need not be sent out again. All outside evaluations shall be sought by the chair of the candidate’s individual evaluation committee after consultation with the candidate. No outside evaluation shall be sought from a person whom the candidate believes may not evaluate his or her work fairly. The candidate may also seek additional outside reviews; and
    7) assessment of public service, bar, university, and law school activities.

    D. Availability of Files and Notice of Questions and Concerns

    1. In August of the fall semester during which tenure-track faculty members will be considered for reappointment, promotion, or tenure, individual evaluation committees shall begin preparing or supplementing a file on each candidate. This file will include information compiled pursuant to Section 2.2.04(C)(4); material placed in the file by the candidate, including a personal statement and information that documents his or her activities and achievements; other information requested by the faculty; student evaluations; and any additional relevant information. The file shall be made available for review by the entire Law School faculty no later than October 10.
    2. Faculty members shall raise any questions regarding specific concerns, criticisms, or potential problems about each candidate's readiness or fitness for the proposed personnel action when necessary to give the candidate notice and an opportunity to prepare a response. These questions must be signed and must be submitted to the chair of the candidate’s individual evaluation committee in writing by October 31. The chair, in conjunction with the chair of the FPAC, shall distribute all such questions to the entire faculty by November 3.
    E. Additional Information and Preparation for Meeting
    1. If the written questions raise concerns about any candidate, the candidate and the candidate's individual evaluation committee shall attempt to collect information necessary to address those concerns. This may include student surveys, additional class evaluations by different faculty members, and additional outside evaluations of scholarship.
    2. If relevant information about any candidate first comes to the attention of a faculty member after October 10, the faculty member shall communicate this information to the candidate's committee immediately.
    3. All information gathered by the committee pursuant to paragraphs (1) and (2) above shall first be given to the candidate in sufficient time to permit a response. The information and response will then be included in the candidate's file and the faculty will be notified of the inclusion.
    F. Faculty Meeting, Decision, and Report

    1. No later than November 30, a meeting shall be held for decisions on each candidate. The candidate will have the opportunity to make a statement and the faculty will have an opportunity to question the candidate. Then, in the absence of the candidate, the faculty will hear a report from the candidate's committee, and will have an opportunity to discuss the candidate's statement and response to any written questions. All discussion shall be limited to information in the file or addressed in the written questions.
    2. Faculty members will vote on each of the questions of reappointment, promotion, or tenure relevant to the particular candidate by signed, written ballot. Faculty members must also include a statement of reasons supporting their vote on each question.
    3. Eligibility to vote:
    8) With respect to reappointment, promotion, and tenure actions, only tenured faculty members (excluding the Dean) shall vote. A favorable majority vote of those voting, not counting abstentions, will establish that the candidate has met the applicable standards.
    9) With respect to initial faculty appointment actions, all tenured and tenure-track faculty members (including the Dean) shall vote.
    4. The FPAC shall count the ballots, distribute the results of the vote, and make the ballots available for review by all faculty members.
    5. On behalf of the faculty, the FPAC shall prepare a final written report of the faculty votes on each individual candidate. This report, along with the Dean’s independent recommendation, shall be provided to the University according to the University’s procedures.
    6. By a two-thirds vote of those eligible under Section 2.2.04(F)(3)(a), the Law School Faculty can stay the Procedure in Section 2.2.04 for good cause.

     
  • 2.2.05 Procedure for Evaluation of Visiting and Part-time Faculty Members

    A. Evaluation of Visiting Faculty Members

    The FPAC will coordinate the evaluation of visitors who are being considered for a tenure-track appointment. The FPAC will arrange for evaluation of teaching, scholarship, and service. The decision as to appointment will be made by the faculty and the Dean in the context of the faculty appointments process, and the timing of the decision will be coordinated with the Faculty Appointments Committee.

    B. Evaluation of Part-Time Faculty Members
    The FPAC will coordinate the evaluation of the teaching of each part-time faculty member (including adjuncts). Each part-time faculty member will be evaluated in the first year of teaching and periodically thereafter. The FPAC will arrange for further evaluations and consultations as necessary and report the results to the Faculty and the Dean. The decision to reappoint will be made by the Dean.