4.8.1 Renewal and Nonrenewal of Contracts of Non-tenured Faculty
4.8.1 Renewal and Nonrenewal of Contracts of Non-tenured Faculty
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SOURCES:
BoR POLICY 8.3.4, NOTICE OF EMPLOYMENT AND RESIGNATION
Effective Date: October 15, 2008
As of October 15, 2008, institutions are no longer required to provide written notice of renewal of contract to non-tenured faculty with the rank of instructor, assistant professor, associate professor, or professor. Faculty with the rank of instructor, assistant professor, associate professor, or professor, who are employed under written contract, and who served full-time for the entire previous year, have the presumption of renewal for the next academic year unless notified in writing, by the president of an institution or his/her authorized representative, of the intent not to renew.
Procedures to be followed when a non-tenured faculty member’s contract is not renewed are specified in BOR Policy 8.3.4. Deadlines for notice of nonrenewal vary depending on the length of service of the non-tenured faculty member.
Different letters should be used for different circumstances:
Circumstance 1. The President issues a letter to his/her designated representative authorizing him/her to notify non-tenured faculty that no new contract will be offered. This form must be used whenever someone other than the President gives notice of nonrenewal.
Circumstance 2. The President’s designated representative issues a letter to the non-tenured faculty member notifying him/her that no new contract will be offered.
Circumstance 3. The President issues a letter directly to the non-tenured faculty member notifying him/her that no new contract will be offered. (This form may be used by the President regardless of whether authorization for nonrenewal has been given to anyone.)
WARNING: A letter from the President to his/her representative authorizing him/her to notify non-tenured faculty that no new contract will be offered must be used whenever the President’s representative issues the notice of nonrenewal. Some courts have held that in the absence of specific written authorization from the President, the notice of nonrenewal is deficient and subjects the sender to damages.
Also, the courts have held that a “conditional” notice of nonrenewal is not sufficient. For example, nonrenewals may not be conditioned on some future eventuality such as promotion, tenure, vacancies, etc.
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