Section 4.13.01: Nonrenewal of Contracts

SUBJECT: Nonrenewal of Contracts of Nontenured Faculty Members
SOURCE: Board Policy Manual 803.06, Memorandum from Executive Secretary to Presidents, 8/1/88

POLICY

803.06 NOTICE OF EMPLOYMENT AND RESIGNATION

B. Nontenured

Each year, on or before the dates specified in Regents' tenure regulations, the president of an institution or his/her authorized representative, shall advise, in writing, all non-tenured faculty who have been awarded academic rank (instructor, assistant professor, associate professor, professor) and who are employed under written contract whether an employment contract for the succeeding academic year will be offered to them. Such written notice shall be delivered by hand or by certified mail, to be delivered to the addressee only, with receipt to show to whom and when delivered and the address where delivered.
Notice of intention to renew or not to renew a nontenured faculty member who has been awarded academic rank (instructor, assistant professor, associate professor, professor) shall be furnished, in writing, according to the following schedule:
1. at least three months before the date of termination of an initial one-year contract;
2. at least six months before the date of termination of a second one-year contract;
3. at least nine months before the date of termination of a contract after two or more years of service in the institution.

This schedule of notification does not apply to persons holding temporary or part-time positions, or persons with courtesy appointments, such as adjunct appointments.

PROCEDURES

(Memorandum from Executive Secretary to Presidents, 8/1/88)

Procedures to be followed when a nontenured faculty member's contract is nonrenewed are outlined below, followed by the form letters to be used in that regard.

A letter from the President to his/her designated representative authorizing him/her to notify nontenured faculty that no new contract will be offered and
A letter from the President's designated representative to the nontenured faculty member notifying him/her that no new contract will be offered; or
A letter from the President to the nontenured faculty member notifying him/her that no new contract will be offered.

A letter similar to the one referred to in paragraph one above must be used whenever the President's "representative" issues the notice of nonrenewal. Some courts have held that in the absence of a 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.

SAMPLE LETTERS

SAMPLE LETTER #1

A letter from the President to a designated representative authorizing notification of nontenured faculty that no new contract will be offered.


Dear (Authorized Representative):

Pursuant to the Policies of the Board of Regents, I hereby

authorize you as my representative to advise in writing all

nontenured faculty in the Department (College, etc.) of

______________________________ who hold academic rank, whether an

employment contract for the succeeding

academic year (20 ___ - 20 ___) will be offered to them.


As you know, all non-tenured faculty are employed on a year-to-year

basis.  On the advice of the Attorney General, it is the policy of the

Board of Regents and of this institution not to give reasons to those

nontenured members of the faculty whose contracts are not renewed. 



Also, such nontenured faculty are not entitled to any hearing on the

reasons for nonrenewal.



Notice of nonrenewal must be timely and given in strict accordance with

the policies of the Board of Regents (See section 803.06, B-2,

NOTICE OF EMPLOYMENT AND RESIGNATION, attached).  I have

enclosed a suggested letter which you may use in this regard.


                               Sincerely,


                               _________________________________


                               President


Attachments

Note: THIS FORM MUST BE USED WHENEVER SOMEONE OTHER THAN THE PRESIDENT GIVES NOTICE OF NONRENEWAL.

SAMPLE LETTER #2

A letter from the authorized representative to the nontenured faculty member notifying that no new contract will be offered.


Dear (Nontenured Faculty Member):


As the authorized representative of President __________________, and

pursuant to Policies of the Board of Regents, I am writing to advise you that no

 new employment contract will be offered to you for the 20___ - 20___ academic

  year.


I would like to take this opportunity to thank you for your service to

this institution and to wish you every personal and professional success in the

 future.


                                      Sincerely,


                                       _________________________


                                      Authorized Representative

Note: THIS FORM SHOULD BE USED ONLY IF THE PRESIDENT HAS AUTHORIZED SOME APPROPRIATE PERSON, IN WRITING, TO GIVE NOTICE OF NONRENEWAL.

SAMPLE LETTER #3

A letter from the President to the nontenured faculty member notifying him/her that no new contract will be offered.


Dear (Nontenured Faculty Member):


Pursuant to the Policies of the Board of Regents, I am writing to advise you

 that no new employment contract will be offered to you for the 20___ - 20___

  academic year.


I would like to take this opportunity to thank you for your service to

this institution and to wish you every personal and professional success in the

 future.


                                       Sincerely,


                                        ________________________


                                       President

NOTE: THIS FORM MAY BE USED BY THE PRESIDENT REGARDLESS OF whether AUTHORIZATION TO NONRENEW HAS BEEN GIVEN TO ANYONE.

Last Updated: 02/04/2003

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Section 4.13.01: Nonrenewal of Contracts