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.
This HSC OP will be reviewed by August 1 of every odd-numbered year (ONY) by the Vice Provost for Academic Affairs and Integrated Learning, Academic Affairs and Curriculum Committee, Academics Council, Chief Human Resource Officer, and the Office of General Counsel, with recommendations for revision forwarded to the President by August 31.
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 job classifications in paragraph 5.a of HSC OP 60.01.
d. Tenured or Tenure acquiring (tenure track) faculty member is a full-time faculty member who holds one of the job classifications in paragraph 6.b of HSC OP 60.01.
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. The University will NOT provide annual contracts to tenured or tenure acquiring (tenure track) full-time faculty members.