Operating Policy and Procedure
HSC OP: 60.08, Annual Renewal of Certain Faculty Employment Contracts
PURPOSE: The purpose of this HSC Operating Policy and Procedure (HSC OP) is to implement Section 51.943 of the Texas Education Code, as amended or modified, which relates to: (1) annual renewal of employment contracts for full-time, non-tenure acquiring (non- tenure track) faculty, and (2) written notification of changes in a term of employment for tenured and tenure acquiring (tenure track) full-time faculty.
REVIEW: This HSC OP will be reviewed by August 1 of every odd-numbered year (ONY) by the Executive Vice President for Academic Affairs and the Office of General Counsel, with recommendations for revision forwarded to the President by August 31.
POLICY/PROCEDURE:
1. Definitions.
a. Contract means an agreement between the Texas Tech University System or one of its components ("University") and a full-time faculty member establishing the terms of employment for an academic year, or years, if applicable. (See form, Attachment A)
b. Faculty member is a full-time University employee whose primary duties include teaching or research. The term "faculty member" does NOT include:
1. Classified personnel; or,
2. A faculty member who spends a majority of his/her time for the University engaged in managerial or supervisory activities, such as a chancellor, vice chancellor, president, vice president, provost, associate or assistant provost, dean or associate or assistant dean.
c. Non-tenure acquiring (non-tenure track) faculty member is a full-time faculty member who holds one of the following job classifications:
1. Faculty Associate;
2. Assistant Instructor;
3. Instructor;
4. Assistant Professor;
5. Associate Professor; or,
6. Professor.
d. Tenured or Tenure acquiring (tenure track) faculty member is a full-time faculty member who holds one of the following job classifications:
1. Assistant Professor;
2. Associate Professor; or,
3. Professor.
2. Annual contract renewals for non-tenure acquiring (non-tenure track) full-time faculty members.
a. Except as provided below, the University must provide a non-tenure acquiring (non-tenure track) full-time faculty member a written contract for an academic year not later than 30 days before the first day of the academic year.
b. If the University is unable to provide a timely notice of employment, it must provide the non- tenure acquiring (non-tenure track) full-time faculty member written notice:
1. That it is unable to comply with Section 51.943, Subsection (b), of the Texas Education Code;
2. Stating the reasons why it is unable to comply, e.g., unidentified need or funding, etc.; and,
3. Specifying the time by which it will offer a written contract to the faculty member for the applicable year.
c. If the University retains a non-tenure acquiring (non-tenure track) full-time faculty member without providing him/her a written contract before the 61st day after the first day of the academic year, then it must employ him/her under the terms and conditions, including terms governing the faculty member’s compensation, that are at least as favorable as the preceding academic year. The University and the non-tenure acquiring (non-tenure track) full-time faculty member may subsequently negotiate a different employment agreement.
3. Written notification of changes in a term of employment for tenured or tenure acquiring (tenure track) full-time faculty members.
a. The University will NOT provide annual contracts to tenured or tenure acquiring (tenure track) full-time faculty members.
b. The University will provide tenured and tenure acquiring (tenure track) full-time faculty members written notification as required by the University's tenure and promotion policy (HSC OP 60.01) at least 30 days before any change in a term of employment takes effect.
Attachment A - Faculty Memorandum of Appointment, Non-Tenure Acquiring Rank (Non-Tenure Track)