Tenure may also be terminated if there is actual financial exigency or the phasing out of the institution’s programs requiring elimination of the faculty member’s position.
Regents’ Rule 31008 has been updated to reflect this clarification.
Tenure decisions and termination of employment are some of the most critical decisions made at the University. It is important to note that termination of tenure is a rare event and, under Regents’ Rule 31008, only occurs after lengthy due process, which includes the faculty member meeting with the provost, then the president, then a faculty hearing tribunal, and finally the Board of Regents. At each level, the faculty member is afforded the right to be heard, present evidence, and to receive a written decision.
There is one exception to this process. Currently, under Regents’ Rule 31008, a shorter process may be followed in cases of “incompetency or gross immorality where the facts are admitted, or in cases of felony conviction.” SB 18 similarly provides for “summary dismissal” of a tenured faculty member for “serious misconduct as defined by the institution’s policies, at any time after providing the faculty member with appropriate due process.” The updates to Regents’ Rule 31008 permit each institution to determine its own definition of “serious misconduct” and appropriate due process. My office will be working closely with the Faculty Senate and the Office of Legal Affairs over the next several months to modify UTA policies to address this critical topic, and I anticipate updates to our Handbook of Operating Policies will be published by the end of the calendar year.
Tenure rights and corresponding rights of academic freedom in teaching and research are of critical importance to me as a tenured faculty member. I am encouraged that UT System and UTA policies already encapsulate most of the requirements of SB 18, and I am committed to, in accordance with the law and UT System guidelines, ensuring our faculty rights as we update UTA policies.
Senate Bill 17
In the coming weeks, we will be reaching out to provide an update on the requirements of Senate Bill 17, which prohibits certain diversity, equity, and inclusion initiatives in higher education. Jewel Washington, vice president of talent, culture, and inclusion, and Shelby Boseman, chief legal officer, have been working closely with UT System as we develop guidance surrounding SB 17.
I want to thank you for your hard work so far as we kick off the semester. Should you have questions about the updated guidelines, you can find more information in the links provided, or contact my office at provost@uta.edu, and we will respond to any questions in partnership with the UTA Faculty Senate.
