Section 1. Purpose

The purpose of this chapter is to set forth the agreed-upon policy statements and procedures relating to faculty rights and duties at UNLV.

Section 2. Workload for Faculty

2.1 Individual Workloads.

Individual workloads will be determined for a member of the faculty in accordance with the mission and priorities of that person's department as specified in the bylaws of the college and department thereof.

2.2 For Academic Faculty.

The workload responsibilities for academic faculty shall be listed wherever applicable under the following categories:

1. Instruction, e.g., classroom and laboratory teaching, practicum and extension teaching, preparation, evaluation of students' performance, direction of independent study, theses and dissertations, consultations with students enrolled in classes, and student advisement.
2. Research, scholarly and creative work related to the members' discipline, aimed at specific results, e.g., books, articles, reports, and artistic creations or performances.
3. Public, community and University service including research, consultation, administration, or other services directed toward the University or community welfare.

2.3 For Nonacademic Faculty.

Each academic support unit shall establish the scope of each employee's professional responsibilities and the performance standards thereof. These responsibilities may vary according to fluctuating work-related institutional and student needs and may include, but may not be limited to, the following areas:

1. Unit meetings
2. Student advisement and counseling
3. Committee work
4. Research, writing and creative activity
5. Community service
6. Instruction as requested
7. Unit supervisor
8. Other institutionally-related program coordination
9. New student orientation
10. Employee counseling
11. Curatorial duties
12. Chair of Administrative Faculty Committee
13. Independent study

(B/R 3/03) (C 06/16)

2.4 Workload for All Faculty.

All specified professional responsibilities and performance expectations shall be discussed by the individual faculty member and the department chair or supervisor as specified by department and college bylaws.

2.4.1 By mid-semester faculty members shall be consulted and notified of course assignments for the following semester. (C 06/16)

2.42. In the event the chair or supervisor changes course assignments for any reason, the change shall be explained in writing in appropriate detail and shall be distributed to all affected faculty and the dean. (C 06/16)

2.4.3 Any grievances shall proceed through normal administrative channels. (C 06/16)

2.5 Workload Policy.

In recognition of the fact that there is a great diversity among Units as to the specific nature of their work, UNLV workload assignment policies and guidelines are intended to provide the basic principles on which faculty workload assignment and distribution decisions are based. A committee of the faculty of each Department, School or equivalent Unit selected pursuant to Unit bylaws shall develop a Workload Policy consistent with these guidelines, except for Departments, Schools, Programs, or equivalent Units that choose to defer in writing to their governing College, Division or equivalent Unit’s Workload Policy. A committee of the faculty of each College, Division or equivalent Unit selected pursuant to Unit bylaws shall develop a Workload Policy consistent with the University guidelines. (B/R 6/06)

Section 3. Terminal Degree

Each academic department or where appropriate, college or school has the responsibility periodically to recommend to the Executive Vice President and Provost what degree should be accepted as a terminal degree in its professional area. (B/R 10/98)

Section 4. Employment Standards for Nonacademic Faculty

Each nonacademic faculty unit has the responsibility periodically to recommend to the appropriate administrator the minimum standards of educational/professional background or professionally related experience required for performance of nonacademic faculty responsibilities.

Section 5. Individual Faculty Responsibilities

Each academic unit shall establish guidelines to ensure that all-academic faculty maintain a predictable number of office hours during the regularly scheduled semesters. Office hours shall be posted and the faculty shall be available to students, colleagues, and others during these times. (B/R 5/93)

5.1 For Academic Faculty.

It is understood that all academic faculty members will fulfill their individual obligations:

1. To their students by meeting classes as scheduled, evaluating academic performance fairly, counseling students;
2. To their departments and university by carrying through with the workload commitment in accordance with college bylaws;
3. To their profession and discipline to attain the terminal degree and to continue their professional development;
4. To the university community.

5.2 For Nonacademic Faculty.

It is understood that nonacademic faculty members shall fulfill their individual obligations:

1. To their unit and university by carrying through with their professional responsibilities in accordance with university and unit bylaws or procedure manuals and the Nevada System of Higher Education Code;
2. To counsel, teach and work with students;
3. To continue their professional growth and development;
4. To encourage and support the development of their staff and unit.

Section 6. Personnel Recommendations for Academic Faculty

6.1 Academic. Department/Unit Personnel Procedures Authorized.

The faculty of each academic department/unit shall establish its own procedures and criteria for all personnel recommendations in accordance with college/school and departmental/unit bylaws.

6.1.a. Only tenured and tenure-track faculty, as well as faculty in residence, research faculty, clinical faculty, and lecturers (hereinafter referred to as non-tenure track) may attend or serve on departmental/unit personnel committees at which recommendations for promotion, tenure, merit or annual evaluations will be made, or vote in such meetings, subject to the exceptions below detailed. Excluded from serving are department or school chairs and directors, assistant and associate deans, deans, vice and associate provosts, and provost and all other executive faculty as defined in the Board of Regents handbook, University Bylaws, or as designated by the President.

6.1.b. Only tenured faculty may vote on applications for tenure.

6.1.c. Only tenured faculty of a rank equal to or higher than that to which the applicant aspires may vote on applications of tenured faculty for promotion.

6.1.d. All academic faculty of an equal or higher rank to which the applicant aspires may vote on applications of non-tenure track faculty for promotion.

6.1.e. Individual academic faculty members applying for tenure or promotion may not serve on departmental/unit personnel committees, attend personnel committee meetings at which recommendations for promotion, tenure, merit or annual evaluations will be made, or vote in such meetings.

6.1.f. It shall be the responsibility of those in attendance to write a detailed report specifying majority and minority opinions. The administrative procedures of each department/unit and college/school shall ensure that the input of administrators is a formalized part of the process. Unit chairs or directors may call a meeting of the personnel committee within a reasonable time after recommendations have been made and only for clarification of the personnel committee report to the unit chair or director.

6.2. Academic College/School Personnel Procedures Authorized.

The faculty of each academic college or school shall establish its own procedures and criteria for all personnel recommendations in accordance with college, school, and institutional bylaws.

6.2.a. College/School personnel committees must be comprised of elected representatives from the college or school. Only tenured faculty and promoted faculty in residence, promoted (associate or full) faculty in residence, promoted research faculty, promoted clinical faculty, and senior lecturers (hereinafter referred to as promoted non-tenure track) may serve on college/school promotion and tenure personnel committees. Excluded from serving are department or school chairs and directors, assistant and associate deans, dean, vice and associate provosts, and provost and all other executive faculty as defined in the Board of Regents handbook, UNLV Bylaws, or as designated by the President.

6.2.b. Only tenured faculty may vote on applications for tenure.

6.2.c. Only tenured faculty of a rank equal to or higher than that to which the applicant aspires may vote on applications of tenured faculty for promotion.

6.2.d. All academic faculty of an equal or higher rank to which the applicant aspires may vote on applications of non-tenure track faculty for promotion.

6.2.e. Individual academic faculty members applying for tenure or promotion may not serve on college/school personnel committees, attend personnel committee meetings at which recommendations for promotion, tenure, merit or annual evaluations will be made, or vote in such meetings.

6.2.f. It shall be the responsibility of those in attendance to write a detailed report specifying majority and minority opinions. Deans or directors may call a meeting of the personnel committee within a reasonable time after recommendations have been made and only for clarification of the personnel committee report to the dean or director.

6.3 Personnel Recommendations Transmitted Through Channels.

All personnel recommendations shall be transmitted through regular administrative channels as defined in the UNLV Bylaws, Chapter I, Section 5.

6.4 Notification of Personnel Action Denials.

In all personnel matters, the individual involved will be notified if, for any reason, the recommendation concerning the individual is turned down as it is being transmitted through the administrative channel. The department concerned will also be notified. (B/R 2/92)

6.5 Reasons for Personnel Action Denials.

In accordance with the Nevada System of Higher Education Code, Chapter 5, Section 5.2.3, a faculty member may request the reasons for denial of appointment with tenure, salary increases, promotion or reappointment. (Salary increases include merit awards.) Also see UNLV Bylaws, Chapter III, Section 16.8.

6.6 Reconsideration of Personnel Action Denials.

In accordance with the Nevada System of Higher Education Code, Section 5.2.4, a faculty member may request reconsideration of any personnel action denying appointment with tenure, salary increases, promotion or reappointment. (Salary increases include merit awards). Also see UNLV Bylaws, Chapter III, Section 16.9.

6.7 Grievances.

Any academic faculty member has the right to file a grievance personnel decisions which may result in adverse impact on the employment conditions relating to promotion, salary increases (including merit), and appointment with tenure. This does not apply to nonreappointment of a probationary faculty member. The Faculty Senate Grievance Committee process may be initiated only after the faculty member has requested reconsideration and the request has proceeded through regular administrative channels to the Executive Vice President and Provost. (See Chapter I, Sections 4.6.6 and 4.6.11 and Chapter III, Section 20. Also see Nevada System of Higher Education Code, Chapter 5, Section 5.7.) (B/R 3/03)

6.8 Faculty Members to be Advised of Recommendations.

The Executive Vice President and Provost shall advise the faculty member of the recommendations of the department and dean. The Executive Vice President and Provost shall also advise the faculty member that instructions for grievance are available from the Faculty Senate. (B/R 3/03)

6.9 Recommendation to the President.

After the Faculty Senate Grievance Committee has made its recommendation, the recommendation shall be forwarded through the Executive Vice President and Provost to the president, who shall make the final recommendation. (B/R 3/03)

Section 7. Personnel Matters for Nonacademic Faculty

7.1 Components of Personnel Matters.

Personnel matters for nonacademic faculty members shall include, but shall not be limited to, the following:

1. Title
2. Salary
3. Step/grade
4. Contract period
5. Assignment of duties
6. Promotion
7. Merit salary increases
8. Equity salary increases

7.1.1 Procedures and Criteria. The nonacademic faculty members of each nonacademic faculty unit shall establish their own procedures and criteria for all personnel matters in accordance with university and unit bylaws or procedure manuals.

7.1.2 Personnel Matters Transmitted Through Channels. All personnel matters shall be transmitted through regular and appropriate administrative channels as defined in the UNLV Bylaws, Chapter I, Section 5.

7.1.3 Nonacademic Faculty to be Advised of Actions. As the personnel matters concerning them are reviewed and processed through the appropriate administrative channels, nonacademic faculty members shall be notified of each administrative action or change taken.

7.1.4 Reasons for Personnel Action Denials. In accordance with the Nevada System of Higher Education Code, Chapter 5, Section 5.2.3, a nonacademic faculty member may request the reasons for denial of salary increases, promotion, or reappointment. (Salary increases include merit awards.)

7.1.5 Reconsideration of Personnel Actions. In accordance with the Nevada System of Higher Education Code, Chapter 5, Section 5.2.4, a nonacademic faculty member may request reconsideration of any personnel action denying salary increases, promotion, or reappointment. (Salary increases include merit awards.)

7.1.6 Grievances. See Chapter III, Section 13 and Section 20. (B/R 3/03)

Section 8. Annual Evaluation of Academic Faculty and Nonacademic Faculty (B/R 3/03)

8.1 Guidelines and Procedures.

Each department or unit shall establish written guidelines, procedures and criteria for annual evaluation of faculty in scholarship, service and teaching or position effectiveness as appropriate. Guidelines shall include description of minimal duties, the failure to perform any of which shall be seen as nonfeasance of duty which will result in an unsatisfactory rating overall. These may include, but are not limited to, meeting classes regularly, preparation of current class materials, holding office hours, availability for university and community service, and progress in scholarly research or creative activity as required for the rank and academic field of the evaluee. Performance of minimal duties will not preclude unsatisfactory ratings concerning quality of performance. (See Chapter III, Section 8.2.)

8.2 Evaluation Rating Terms.

8.2.1 Annual evaluations for all untenured faculty shall include ratings across a four-point scale, comprised of excellent, commendable, satisfactory, and unsatisfactory, as set forth in the NSHE Code, in the areas of teaching and research, scholarship, creative, clinical or entrepreneurial activity, and service, or other duties if the assigned workload includes such, and an overall rating across the same four-point scale.

8.2.2 Annual evaluation for tenured faculty shall include an overall rating of either satisfactory or unsatisfactory, as set forth in the NSHE Code, based upon the assigned workload.

8.2.3 Separate from annual evaluations, progress toward tenure and/or promotion shall be assessed every three years, as applicable. Faculty requesting promotion to rank IV shall be entitled to a narrative appraisal prepared in consultation with the appropriate faculty based on the standards and procedures of the unit. Progress assessments may consider annual evaluations but annual evaluations may not be supplanted by these assessments.

8.2.4 Department chairs may negotiate individual role statements with faculty within the parameters of unit workload policies, evaluation, and promotion and tenure standards. Such role statements shall be referenced in annual evaluation, progress evaluations, and attached to tenure and promotion dossiers.

8.3 Evaluation by Administrator.

The department chair or supervisor shall write an annual evaluation and present it to the faculty member for review. For tenure track faculty, the department chair shall meet with the tenured faculty and thereafter incorporate in the chair’s annual evaluation the sense of the tenured faculty on the progress of the candidate towards tenure and promotion. If the faculty member disagrees with the evaluation, then he or she (a) within thirty calendar days after notification, may submit a written rejoinder to the evaluation to be incorporated therewith, and (b) within fifteen calendar days after notification, may request in writing to the college dean or appropriate vice president the formation of a committee of peers to conduct a separate annual evaluation. Each college or unit shall establish in its Bylaws procedures for forming an elected peer review committee, and any operational guidelines deemed necessary. In the case of academic faculty, the elected peer review committee shall consist of tenured faculty members regardless of rank. The peer review committee shall be constituted within fifteen calendar days after receipt of a request for peer review. The peer review committee shall be provided the same materials used by the department chair or supervisor in the annual evaluation of the faculty member as well as the original evaluation and any subsequent peer evaluation file (Section 8.4). The committee's purpose shall be to conduct a separate annual evaluation and file a report, which either recommends upholding or changing the administrator's original evaluation. The committee shall complete its work no later than the end of the faculty member’s contract period. If the peer evaluation results in a recommendation that the initial evaluation be changed, that recommendation shall be forwarded to the president or designee who may change the faculty member’s evaluation by an addendum attached to the front of the evaluation stating how the evaluation is being changed and the reasons for the change. If the president or designee does not change the evaluation, the reasons shall also be stated by means of an addendum attached to the front of the evaluation. The president or designee shall sign the addendum and provide a copy to the faculty member. The supervisor’s evaluation, the faculty member’s rejoinder, and the peer evaluation report will be retained in the faculty member’s personnel file. (B/R 6/08) (4/17)

8.4 Peer Evaluation File.

Each evaluee, within thirty calendar days after notification, may establish a Peer Evaluation File to include materials the evaluee judges to be pertinent to the matter being evaluated. Departments shall establish categories of evidence to be included. The department and higher levels of review shall use this file in addition to other sources. (B/R 10/96)

8.5 Specifications for Improvement.

If an annual evaluation identifies unsatisfactory performance or finds significant need for improvement, a proposed remedial course of action and a reasonable time limit must be added to the evaluation for mutual collegial benefit, and be undertaken during the period before the next evaluation. Both the evaluee and the department will thus have on record the force and content of the shortcoming. In principle this allows a wide range of evaluations and of warnings. (B/R 4/99)

Section 9. Faculty Personnel Files

9.1 Definition and Purpose.

The University shall maintain an official master personnel file for each member of the faculty, which shall be the exclusive file for personnel decisions. All other files, information, notes, and records maintained in the department, unit, university administrative office, or supervisor's office shall be considered part of the master personnel file. All provisions regarding files noted herein shall apply to all information that is maintained.

9.2 Supervision of Files.

All such files shall be maintained, supervised, and kept in a secure, locked place by the appropriate administrators: department files by the chair, unit files by the dean or director, university files by the Human Resources Office. (B/R 3/03)

9.3 Contents of Files.

Each personnel file shall contain any information pertinent to an evaluation of the faculty members' work and normally will include, but not be limited to, biographical and personal information, evidence of a faculty member's academic and professional accomplishments, and personnel evaluations by department chairs, deans or directors. No anonymous material except duly authorized student evaluations and the results of surveys and comments properly obtained for the purpose of evaluation of administrative performance per the requirements of Title 5, Chapter 6, Chapter III, Section 14.3 shall be placed in the file. (B/R 6/07)

9.4 Access to Files.

The following university personnel shall have access to an individuals' personnel file: (1) the faculty member or the faculty member's duly authorized representative, (2) department chair(s) or unit supervisors, (3) dean of the faculty member's college or unit, (4) university president, (5) Executive Vice President and Provost, (6) university legal counsel, (7) university Affirmative Action Director, (8) official university personnel committees as authorized by the appropriate administrator, and (9) where applicable, the chair of the Faculty Senate Appeals Committee, Faculty Senate Grievance Committee, or Special Hearing. (B/R 3/03)

9.4.1 A log sheet listing name, date, and reason for access shall be maintained by the custodian of all records and files maintained above the departmental level for each faculty member.

9.4.2 The materials in all personnel files shall be confidential; that is, they shall not be shared nor discussed with any person not listed in Section 9.4, except as may be provided herein or where access to such files is required by law or court order. (B/R 3/03)

9.5 Modification of Files.

Nothing shall be permanently placed in or removed from the master personnel file without notification to the faculty member and approval by the administrator in charge of it.

9.5.1 If a faculty member objects to the inclusion, retention, or removal of any material in his or her personnel file, the faculty member may make a written request to the appropriate administrator for its removal, modification, or retention. If this request is denied, the faculty member shall have the right to file a grievance concerning the action of the administrator through established grievance procedures. (B/R 3/03)

9.5.2 A faculty member may include, rebut, or comment upon any information in his or her own personnel file without a written request to do so.

Section 10. Guidelines for Academic Faculty Salary Increases

10.1 Guidelines for Salary Increases.

General areas, which might be used to evaluate the performance of an individual faculty member in making recommendations for salary increases, are as follows:

1. Advising and counseling students
2. Committee work
3. Comparisons with other faculty members in similar positions and circumstances within the Nevada System of Higher Education
4. Creative activity or research productivity
5. Evidence of continued professional growth
6. Inequities due to current hiring practices
7. Leadership activities in professional organizations
8. Professional curatorial duties
9. Service to the university as a department chair
10. Teaching effectiveness
11. Total length of service in academic life
12. Total years in present rank
13. Voluntary community activity and public service for which no remuneration is received
14. Institutional special assignments

10.2 Annual Merit Recommendations.

An award of merit is expected to recognize the person who has (1) performed at least "satisfactorily" in the areas for which the person is evaluated and (2) is considered meritorious in at least one of those areas. Merit awards are specifically not to be confused with inequity adjustments. Among the many legitimate reasons to award merit are the following:

1. To encourage exceptional academic faculty with excellent mobility to remain at UNLV;
2. To reward exceptional performance in any of the several areas for which academic faculty are evaluated;
3. To reward outstanding performance over a long period of time performance that may not have resulted in merit for any particular year;
4. To allow for other specific or general exceptions, which to the evaluators represent some outstanding, reason for awarding merit.

10.2.1 The award of merit shall require a specific application and an evaluation process separate from annual or other evaluations made of faculty. Documentation submitted for annual evaluations may be used for merit evaluation. Unit administrators, including chairs, directors, and assistant and associate deans and chairs, must file applications through the faculty process to receive merit awards for teaching, research and non- administrative service.

10.2.2 The determination of the minimum standards for satisfactory and meritorious performance in teaching, research and service shall be made by an elected committee of the faculty of each department and/or college as specified in the unit bylaws, with the advice and consent of the dean. Where possible, the same standards shall be applied to all faculty within the college. Such standards shall take into account the variations in assigned workload present in the college.

10.2.3 Each unit may determine the process used to rank its faculty, except that a final ranked list shall be submitted to the dean from an elected faculty committee at the college level. Ranking of applicants for merit shall be based on the standards created under section 10.2.2 and all policies and procedures mandated by the Executive Vice President and Provost or President. The final ranking shall exclude those faculty who do not meet the minimum standards for an award of merit, which are satisfactory performance in all relevant evaluation areas and meritorious performance in at least one. No faculty member may be present during the presentation or ranking of their application for an award of merit.

10.2.4 The dean shall recommend the dollar amount of each award of merit for teaching, research and non- administrative service, in accordance with all policies and procedures mandated by the Executive Vice President and Provost or President. Where the award made by the dean differs from the final rankings presented by the committee, explicit reasons must be provided by the dean to the Executive Vice President and Provost. Reasons can include those outlined in Section 10.2A-D, input obtained from other sources deemed important by the dean, (e.g., chairs, departmental faculty committees, performance assessments by external constituencies, such as college awards, etc.) and/or specific knowledge of performance areas for a faculty member not reflected in the rankings. The President makes the final determination of the amount awarded to each faculty member, upon recommendation by the Executive Vice President and Provost.

10.2.5 The official date of notification of merit awards for the purpose of grievance shall be the later of (a) the first day of the Fall semester or (b) the day the merit list is released to the campus. The merit list shall be made available to all faculty. When responding to a request from a faculty member for the reasons they received a particular award of merit, or no award, the Dean shall include in the letter the ranking of the faculty member by the college committee and the reasons for that award, which must include any information provided to the Executive Vice President and Provost.(B/R 3/03)

10.2.6 Merit for administrative service shall be recommended at the discretion of the Dean, approved by the Executive Vice President and Provost and awarded by the President.

10.3 Statement of Reasons.

A faculty member who has been denied a salary increase may, within 15 calendar days after notification of such denial, provide a written request to the department chair, supervisor, or dean who rendered the negative decision asking for a statement in writing of the reasons for the denial. The response must be received by the faculty member within 15 calendar days after the appropriate administrator receives the written request for reasons. Faculty members also may request reconsideration of the denial (Nevada System of Higher Education Code, Chapter 5, Section 5.2.4 and UNLV Bylaws, Chapter III, Sections 6.5 and 16.9).

10.4 Grievances.

A faculty member who has been denied a salary or merit increase has the right to file a grievance concerning the decision to the Faculty Senate Grievance Committee once the reconsideration process has been completed through the administrative channels. (See UNLV Bylaws, Chapter I, Section 4.6.6 and Chapter III, Section 20.) (B/R 3/03)

Section 11. Guidelines for Nonacademic Faculty Salary Increases

11.1 Annual Merit Salary Recommendations.

An award of merit is expected to recognize the person who has (1) performed at least "satisfactorily" in the areas for which the person is evaluated and (2) is considered meritorious in at least one of those areas. Merit awards are specifically not to be confused with inequity adjustments. Among the many legitimate reasons to award merit are the following:

1. To encourage exceptional performance in any of the several areas for which a nonacademic faculty member is evaluated;
2. To reward exceptional performance in any of the several areas for which a nonacademic faculty member is evaluated;
3. To reward outstanding performance over a long period of time -- performance that may not have resulted in merit for any particular year;
4. To allow for other specific or general exceptions, which to the evaluators represent some outstanding, reason for awarding merit.

11.2 Equity Salary Increases.

Nonacademic faculty members are entitled to equity salary adjustments based on salary and similar performances of other nonacademic faculty in similar positions and circumstances within the Nevada System of Higher Education.

11.3 Reconsideration and Grievances of Denial of Salary or Merit Increases.

See UNLV Bylaws, Chapter III, Section 13 and Section 20. (B/R 3/03)

Section 12. Guidelines for Promotion for Nonacademic Faculty

12.1 Criteria for Promotion.

As specified in Chapter III, Section 7.1.1, of these Bylaws, each nonacademic faculty unit shall establish criteria for promotion based on established nonacademic faculty duties and responsibilities. It must be noted that there are inherent and distinct differences between members of the nonacademic faculty and the academic faculty at UNLV. These inherent differences shall be reflected in the criteria used for consideration of promotion for nonacademic faculty members.

12.2 Areas of Evaluation for Promotion.

General areas, which might be used to evaluate the performance of an individual nonacademic faculty member in making recommendations for promotion, are:

1. Advising and counseling students
2. Committee work
3. Comparisons with other nonacademic faculty members in similar positions and circumstances within the Nevada System of Higher Education
4. Creative activity and/or research productivity
5. Evidence of continued professional growth, education, training and/or experience
6. Continuing Education services
7. Leadership activities in professional organizations
8. Professional curatorial duties
9. Service to the university in an administrative capacity, whether acting or permanent
10. Teaching effectiveness, when appropriate
11. Total length of service in Nevada System of Higher Education employment
12. Community service
13. Institutional special assignments

12.3 Time Periods for Rank O (1) Promotion Considerations.

A nonacademic faculty member at Rank O (1) may be considered for promotion at any time and must be considered for promotion at the end of 3 years of service in this rank.

12.4 Time Period for Rank O (2) Promotion Considerations.

A nonacademic faculty member at Rank O (2) may be considered for promotion at any time and must be considered for promotion at the end of 5 years of service in this rank.

12.5 Time Period for Rank O (3) Promotion Considerations.

A nonacademic faculty member at Rank O(3) may be considered for promotion at any time and must be considered for promotion at the end of 8 years of service in this rank.

12.6 Equivalent Pay Scales for Nonacademic Faculty.

The appropriate pay scale for equivalent- ranked nonacademic faculty shall approximate the commensurate position in the academic ranks, i.e., Rank I Instructor, Rank II Assistant Professor, Rank III Associate Professor, and Rank IV Professor.

Section 13. Appeals for Nonacademic Faculty on Personnel Matters

13.1 Right to Request Reconsideration.

Nonacademic faculty members have the right to request reconsideration of personnel actions denying salary increases, promotion or reappointment in accordance with the Nevada System of Higher Education Code (see Chapter 5, Section 5.2.4). (Salary increases include merit awards.)

13.2 Notice of, Request for Reasons, and Reconsideration of Personnel Action Denying Salary Increase or Promotion.

Each nonacademic faculty member denied a salary increase, reappointment, or promotion must be notified of such decision in writing within 15 calendar days of the decision. (B/R 3/03)

13.2.1 Written Request for Reasons of Denial. A nonacademic faculty member who has been denied a salary increase, reappointment, or promotion may, within 15 calendar days after notification of such denial, provide a written request to the department chair, supervisor or dean who rendered the negative decision asking for a statement in writing of the reasons for the denial. The response must be received by the non- academic faculty member within 15 calendar days after the appropriate administrator receives the written request for reasons. (See Nevada System of Higher Education Code, Chapter 5, Section 5.2.3.)

13.2.2 Reconsideration of Denial. Within 15 calendar days after the receipt of the written reasons for the denial of salary increase, reappointment, or promotion, a non-academic faculty member may request reconsideration of such denial. The request shall be submitted to the faculty member's supervisor together with the reasons, arguments and documentation supporting the request for reconsideration. The request for reconsideration shall be promptly directed through regular channels with recommendations from each administrative level for or against reconsideration of the decision. Final action shall be taken within a reasonable time by the president after receipt of the recommendations. If the president decides to recommend promotion to Rank III or Rank IV, the final decision must be made by the Board of Regents. Except for denial of reappointment, if the denial is not reversed after reconsideration, the faculty member may petition the Faculty Senate Grievance Committee (UNLV Bylaws, Chapter I, Section 4.6.6 and Chapter III, Section 20.) (B/R 3/03)

Section 14. Evaluation of Administrators

14.1 Purpose

The purpose of the evaluations shall be improvement of the performance of administrators during their term of office.

14.2 Evaluation of the President.

The president shall be evaluated at least once every three years according to procedures and criteria established by the Faculty Senate, in parallel with the Regent’s three year review process. There shall be an assessment of the level of confidence in which the president is held by the faculty along with an assessment of the president's performance of assigned duties within the standards of effectiveness and efficiency.

14.2.a An ad hoc committee shall be established including the Chair of the Campus and Fiscal Affairs Committee, at least two additional members elected by the CFAC, the Chair of the Senate, and a representative of the President. If directed to do so by the Senate, this committee shall create an survey instrument that includes questions from prior evaluations, questions created to examine issues currently facing the campus, and questions created by the President. The instrument shall be sent for anonymous response to all academic and administrative faculty. The use of an off campus server is preferred. The committee shall prepare a report which shall go to the faculty and Regents through the CFAC and Faculty Senate.

14.3 Evaluation of Administrators Other Than the President.

While acknowledging that administrators other than the President are subject to annual evaluations by their supervisors (Nevada System of Higher Education Code Chapter 5, Section 5.12), the Campus and Fiscal Affairs Committee shall develop procedures for allowing a periodic assessment of the level of confidence in which subordinate administrators are held by the academic and administrative faculty within the administrator’s unit. These assessments must include an anonymous survey instrument, at a minimum, with additional assessment metrics deemed necessary by each college, department, or unit to effectively evaluate the administrator's performance of assigned duties within the standards of effectiveness and efficiency. This periodic assessment shall be solicited no less than once every three years, and, when available, it shall be given consideration in the annual evaluation written by the administrator's supervisor. (B/R 2/08)

14.3.a Vice Presidents. The CFAC shall develop, in cooperation with the Office of the President, a schedule for vice presidential evaluations, and a format for such evaluations. All academic and administrative facultyin the Vice President’s unit shall be given the opportunity to participate in the evaluation. A report shall be made to the unit faculty, consistent with limitations on personnel matters.

14.3.b Deans. The CFAC shall develop, in cooperation with the Office of the Executive Vice President and Provost, a schedule for dean evaluations, and a format for such evaluations. All academic and administrative faculty in the Dean’s unit shall be given the opportunity to anonymously participate in the evaluation.A report shall be made to the unit faculty, consistent with limitations on personnel matters.

14.3.c Vice, Associate, and Assistant Deans. The CFAC shall develop, in cooperation with the Office of the Executive Vice President and Provost, a schedule for vice, associate, and assistant dean evaluations, and a format for such evaluations. All academic and administrative faculty in the college or school shall be given the opportunity to participate in the evaluation.A report shall be made to the unit faculty, consistent with limitations on personnel matters.

14.3.d Department Chairs and School Directors. Each academic college shall, in it’s Bylaws, provide for annual input by department/school faculty into the dean’s evaluation of department chairs and school directors. All academic and administrative faculty in the appropriate unit shall be given the opportunity to participate anonymously in their chair’s or director’s evaluation. A report shall be made to the unit faculty, consistent with limitations on personnel matters.

Section 15. Recruitment of Faculty

15.1 Academic Departments Initiate Recruitment.

The faculty of the academic departments, the library and academic support units initiate the recruitment process by developing a written job description for each new position requested.

15.2 College Faculty Recommend Priority List.

The college faculty through the department chair shall recommend a priority list for all new positions requested. The dean or director of the college shall chair the meetings.

15.3 Faculty Senate Priority and New Program Committee Authorized.

The faculty of UNLV establishes the Faculty Senate Priority and New Program Committee. The committee members are to be selected in accordance with departmental, college and Faculty Senate bylaws. (B/R 10/98)

15.4 Faculty Senate Priority and New Program Committee Priority List.

The Faculty Senate Priority and Program Review Committee shall establish a priority list of all new positions requested by the academic units and submit the recommended priority list to the Executive Vice President and Provost, who shall forward it to the president. (B/R 10/98)

15.5 Administrative Approval for Recruitment.

After the administration has authorized the number of available positions, approval is given by the administration to the appropriate academic and nonacademic units to begin the recruiting process, with written notification to the Administrative Faculty Committee and Faculty Senate.

15.6 Search Committees.

Following administrative approval for recruitment, department or unit faculty shall elect faculty to search committees. The search committee will elect its chair and facilitate the recruitment and screening process according to unit bylaws.

15.7 Recommendations for Appointment.

Each academic and nonacademic faculty unit shall determine by vote which candidate or candidates they wish to recommend for appointment and submit their credentials and applications for employment through regular administrative channels for review. (6/15)

15.8 Except as otherwise provided in Board of Regents policy, Title 4, Chapter 8, Section 7.2, all academic appointments must follow the procedures described in Chapter III, Section 15 (Recruitment of Faculty).

The unit faculty may approve a suspension of all or a portion of Section 15 by no less than a majority vote of all eligible faculty in accordance with unit bylaws. (12/15) (B/R 3/03)

Section 16. Guidelines and Standards for Tenure, Promotion, or Appointment to Academic Rank

16.1 These guidelines and standards apply to the recommendation of tenure and/or academic rank, either through an internal process of promotion or tenure, or the hiring of a faculty member into academic rank.

16.1.1 Unless specified in writing by the unit appointing authority upon request by the candidate, an untenured Assistant or Associate Professor shall be evaluated for tenure and/or promotion based on the standard in place at date of hire.

16.1.2 A tenured applicant for Professor (Rank IV) shall be evaluated based on the standard in place at date of application.

16.1.3 When promotion to Professor (Rank IV) coincides with granting of tenure an applicant may choose to be evaluated under either standards in place at the time of hire, or standards in place at the time of application.

16.1.4 In rare instances, an individual who does not hold a terminal degree, but possesses exceptional professional experience and is held in high esteem within a discipline may apply for promotion based on the merits of this record. The application must show substantial evidence to support an exception to the requirement of a terminal degree. In any case of equivalence to a degree, the burden of proof rests on an applicant.

16.2 Peer Evaluation and Process.

16.2.1 Each department, school, and college shall establish standards and criteria for peer evaluation of faculty eligible for tenure and/or promotion in compliance with the requirements of the NSHE Code, the UNLV Bylaws and its College or equivalent School Bylaws. Standards and criteria are created by the faculty of the unit and are subject to approval at the appropriate administrative channels and by the President. Criteria not detailed in the Code and pertinent Bylaws and approved by the President may not be used.

16.2.2 Standards for evaluation are 1) Teaching or equivalent non-teaching roles, 2) Research, scholarship, creative, clinical or entrepreneurial activity, and 3) Service.

16.2.3 Peer evaluation for tenure and promotion includes review of productivity by tenured external referees. An external referee shall be from outside the University with an academic rank that exceeds the applicant’s and a demonstrated expertise in an appropriate field. Any exception to these parameters must be justified in the application. The applicant’s unit will obtain at least four letters from external referees. At least two letters will be from persons selected from a list of names provided by the candidate, and at least two will be persons not suggested by the candidate. All letters received must be included in the application for promotion. All external review letters shall be obtained in accordance with guidelines created by the University Promotion and Tenure Committee.

16.2.4 The evaluative process for tenure and/or promotion begins with faculty of the unit where a faculty member is appointed. Evaluation by faculty presumes that faculty will use their experience and expertise in evaluating the quality of performance of an applicant for tenure and/or promotion. No faculty member may cast a vote at more than one level in this process.

16.2.5 At each academic level (department/school/college) a recommendation with voting tally is forwarded to the unit supervisor (chair/director/dean) who also provides a recommendation. The application moves through applicable faculty and administrative channels to the Faculty Senate University Tenure and Promotion Committee which ensures comparable rigor of criteria and procedure across units. The Committee forwards a voting tally and recommendation to the Executive Vice President and Provost who provides a recommendation to the President for a final decision.

16.2.6 Anomalous cases may be referred back to the colleges or school or department level.

16.3 Instructor (Rank I). The rank of instructor is used for appointments where the individual does not possess a terminal degree in the discipline or special field in which appointed. It is intended and expected that a person holding an appointment of instructor will complete the requirements for the terminal degree and be promoted to assistant professor. The time allotted for obtaining the terminal degree may be specified by each department but cannot exceed the six-year time period for probationary employees. If the terminal degree has not been obtained by this time, the individual shall not be considered for tenure or promotion.

16.4 Assistant Professor (Rank II).

The individual will meet all of the following minimum qualifications:

16.4.1 Possession of the appropriate terminal degree except as detailed in Section 16.1.4.

16.4.2 Effectiveness as a teacher, or the promise of becoming an effective teacher, or a promise of effectiveness in other assigned duties when a faculty workload assignment does not include instruction.

16.4.3 On-going professional development as evidenced by involvement in research, scholarship, creative, clinical or entrepreneurial activities.

16.4.4 Potential to effectively mentor students and develop a commitment to their success.

16.4.5 Evidence of professional commitment, such as membership in professional organizations.

16.4.6 Willingness to meaningfully engage in the larger university community, indicating an ability to work with faculty and students in the best interests of the academic community.

16.5 Associate Professor (Rank III) and/or Tenure at Rank III.

The individual will meet all of the following minimum qualifications such that the rating in each standard meets or exceeds requirements in the NSHE Code Section 3.4, and the UNLV Bylaws and the overall performance demonstrates excellence and the promise of continued excellence, as defined in the appropriate unit bylaws:

16.5.1 Possession of the appropriate terminal degree except as detailed in Section 16.1.4.

16.5.2 Demonstrated effectiveness as a university teacher or, in the case of individuals with non-teaching backgrounds, promise of effectiveness as a university teacher or demonstrated effectiveness in other assigned duties when a faculty role statement does not include instruction. The evaluation of teaching shall include several metrics such as in-classroom peer reviews, pedagogical innovation or research, textbooks or course materials developed, display of breadth and depth of courses taught, evidence of effective mentoring of graduate or undergraduate students, including co-authorships, community engagement in teaching, and student evaluations.

16.5.3 Demonstrated effectiveness in research, scholarship, creative, clinical or entrepreneurial activity with due recognition for the different forms such productivity may take in the various disciplines. External metrics of impact, including peer-reviewed publications and citations, independent reviews, external indices, grant or other external funding, and community engagement, should be used consistently and as applicable. It is expected that an associate professor is on a trajectory to a strong national or international reputation in the appropriate field.

16.5.4 Demonstrated effectiveness in service, the evaluation of which may include, but not limited to professional commitment as demonstrated by membership and participation in professional or academic organizations, a record of community engagement outside the university, contributions to the university community through participation in various administrative, governance, and planning activities, and a demonstrated ability to work with faculty and students in the best interests of the academic community.

16.6 Professor (Rank IV) and/or Tenure at Rank IV.

The individual will meet all of the following minimum qualifications such that the overall performance demonstrates excellence and the promise of continued excellence, as defined in the appropriate unit bylaws:

16.6.1 Possession of the appropriate terminal degree except as detailed in Section 16.1.4.

16.6.2 Demonstrated excellence as university teacher or, in the case of individuals with non-teaching backgrounds, promise of excellence as a university teacher or demonstrated

excellence in other assigned duties when a faculty role statement does not include instruction. The evaluation of teaching shall include both student evaluations and additional metrics, such as in classroom peer reviews, recognition of the breadth and depth of courses taught, pedagogical innovation or research, evidence of effective mentoring of graduate or undergraduate students, including co-authorships, community engagement, textbooks or course materials developed, and commitment to student success. Full professors are expected to demonstrate greater impact with their students as specified in unit bylaws.

16.6.3 Demonstrated excellence in research, scholarship, creative, clinical, or entrepreneurial activity with due recognition for the different forms such productivity may take in the various disciplines. External metrics of impact, such as peer reviewed publications and citations, independent reviews, external indices, awards, patents, grants or other external funding, and community engagement, shall be used as applicable. It is expected that a professor will have established national or international prominence in the appropriate field.

16.6.4 Demonstrated effectiveness in service, the evaluation of which may include, but not be limited to, professional commitment as demonstrated by leadership in professional or academic organizations, a significant record of community engagement outside the university, a significant record of contributions to the university community through participation in various administrative, governance, and planning activities, and a demonstrated ability to work with faculty and students of the university in the best interests of the academic community.

16.7 Time Periods for Promotion Recommendations.

16.7.1 An instructor may be considered for promotion any time upon completion of the terminal degree.

16.7.2 An assistant professor is normally considered for promotion in the sixth year but may be considered earlier in exceptional circumstances. Assistant professors must be considered for promotion after a period of not more than six years in this rank. (3/10)

16.7.3 An associate professor is normally expected to be in rank for five years prior to applying for promotion to professor. In exceptional circumstances an application for promotion may be considered earlier. (3/10)

16.7.4 In the evaluation of a candidate's qualifications for any promotion, any accomplishments relevant to the criteria for promotion occurring any time during the period since the last promotion may be considered.

16.8 Review of Academic Promotion Recommendations. All academic promotion recommendations shall move through proper faculty and administrative channels from department or school to college to the Executive Vice President and Provost to the President. Except for Rank 0 faculty, the Executive Vice President and Provost shall provide the Faculty Senate Tenure and Promotion Committee with the promotion recommendations. The Tenure and Promotion Committee shall consult with the Executive Vice President and Provost to ensure comparable rigor of criteria for recommendations across units. Faculty members not recommended for promotion may request reasons for denial, request reconsideration, and file a grievance to the Faculty Senate Grievance Committee. (See Nevada System of Higher Education Code, Chapter 5, Section 5.2.3 and 5.2.4, and UNLV Bylaws, Chapter I, Section 4.6.6. and Chapter III, Section 20) (B/R 3/03) (C 06/16)

16.9 Statement of Reasons for Denial. An academic faculty member who has been denied a promotion may, within 15 calendar days after notification of such denial, provide a written request to the department chair, supervisor, or dean who rendered the negative decision asking for a statement in writing of the reasons for the denial. The response must be received by the faculty member within 15 calendar days after the appropriate administrator received the written request for reasons. (See Nevada System of Higher Education Code, Chapter 5, Section 5.2.3.)

16.10 Reconsideration of Personnel Action Denying Appointment With Tenure, Salary Increase, Promotion, or Reappointment. Within 15 calendar days after the receipt of the written reasons for denial of appointment with tenure, a salary increase, promotion, or reappointment, a faculty member may request reconsideration of such denial. The request shall be submitted to the faculty member's department chair or supervisor together with the reasons, arguments, and documentation supporting the request for reconsideration. The request for reconsideration shall be promptly directed through regular channels with recommendations from each administrative level for or against reconsideration of the decision. Final action shall be taken within a reasonable time by the president after receipt of the recommendations. If the president decides to recommend tenure or promotion to associate professor (Rank III) or professor (Rank IV), the final decision must be made by the Board of Regents. If the denial is not reversed after reconsideration, the faculty member may petition the Faculty Senate Grievance Committee, except in cases of denial of reappointment, which are not subject to grievance. (See also UNLV Bylaws, Chapter I, Section 4.6.6 and Chapter III, Section 20.) (B/R 3/03) (B/R 2/92)

Section 17. Faculty Benefits

17.1 Fiscal Affairs Committee Authorized. The academic and nonacademic faculty of UNLV shall establish a Fiscal Affairs Committee through the Faculty Senate in accordance with its bylaws.

17.2 Faculty Senate Salary Recommendations. The Faculty Senate votes on the Fiscal Affairs Committee's recommendations and transmit its decisions, in accordance with its bylaws, to the Board of Regents through the president.

17.2.1 Functions of the Fiscal Affairs Committee. The function of this committee is to (1) review present salary and fringe benefits, (2) gather comparative data, and (3) make recommendations for the adjustments to the Faculty Senate. (B/R 3/03)

Section 18. Guidelines for Rank 0 and Unranked Positions

18.1 Rank 0 academic faculty members typically do not conform to the general guidelines of academic rank as specified in Chapter III, Section 16. Rank 0 faculty members are not eligible for tenure but are eligible for promotion.

18.1.1 Instruction intensive faculty are generally assigned to teach 12 credit hours per semester but may receive reassigned time with the approval of the chair and dean.

1. Lecturer. The title of Lecturer is used for appointment at the professional level where a terminal degree is not required. Lecturers can be promoted to Senior Lecturers. (C 06/16)
2. Faculty in Residence. The title Faculty in Residence is used for appointment at the professional level for persons with a terminal degree. Faculty in Residence may be promoted in accordance with the general guidelines for academic rank as specified in Chapter III, Section 16.

18.2 Professor Emeritus. The title "professor emeritus" is reserved as an honorary title for a professor who enters retirement with the respect and admiration of colleagues and students for contributions to the field of specialization and teaching. The qualifications for this title are measured in terms of the person's total contribution to the university based upon both achievement and service. This title is awarded by action of the Board of Regents following approval through regular administrative channels. Faculty members awarded this honorary title are entitled to privileges specified by the president.

18.3 Other Titles. Other designations relating to full or part time, non-tenure-track special assignments or positions such as "affiliate professor," "adjunct professor," "part-time faculty," "research professor," "research associate," etc., are subject to the special terms appearing in their contracts or letters of appointment as approved by the president.

18.3.1 Affiliate Faculty. The titles "affiliate assistant professor," "affiliate associate professor," and "affiliate professor" are used for non-tenure-track appointments at the professional level for persons with special qualifications to teach advanced, specialized courses but who do not conform to the general guidelines of academic rank as specified in Chapter III, Section 16. Except under special circumstances, these titles are not intended for persons who are hired to teach introductory courses: rather, they are reserved for persons whose experience, training, and/or unusual talents make them uniquely qualified to teach specialized courses. Examples include eminent artists and musicians or prominent public figures or business leaders.

18.3.2 Adjunct Faculty. The titles "adjunct assistant professor," "adjunct associate professor," and "adjunct professor" are used for non-tenure-track appointments which may be identical to those of affiliate faculty, or for individuals who provide exceptional service to a unit in the areas of research or institutional service. Adjunct faculty provide their services on a volunteer basis for no remuneration.

18.3.3 Part-time Faculty. The title "part-time faculty" is used for non-tenure-track, temporary appointments for persons hired to teach courses on a part-time, per- credit-hour basis.

18.3.4 Research Faculty. The terms "research assistant professor," "research associate professor," and "research professor" are used at the professional level for non- tenure- track research appointments determined in accordance with the general guidelines for academic rank as specified in Chapter III, Section 16. The title "research associate" may include those appointees who have not yet achieved the terminal degree in their discipline. (B/R 10/94) (C 06/16)

18.3.5 Resident Faculty. The titles “resident” and “chief resident” are used for non- tenure track appointments of individuals who participate in medical or dental education as defined in the Board of Regents Handbook, Title 4, Chapter 7.

Section 19. Layoffs or Furloughs

19.1 Persons Subject to Layoffs or Furloughs.

All persons holding authorized professional positions are subject to lay-off or furlough due to financial exigency or curricular reasons as outlined in the Nevada System of Higher Education Code, Sections 5.4.5, 5.4.6 and 5.4.7.

19.2 Curricular Reasons Defined.

"Curricular reasons" refers to the bona fide discontinuance, reduction in size or reorganization of an administrative unit, project, program or curriculum for bona fide reasons pertaining to the missions of the University of Nevada, Las Vegas, resulting in the elimination of employment positions.

19.3 Layoffs or Furloughs for Financial Exigency.

Layoff or furlough of individuals holding an appointment with tenure, or of a probationary or special appointment before the end of the specified term, may occur because of a bona fide financial exigency.

19.4 Establishment of Faculty Advisory Committee.

In the event that the Board of Regents notifies the president of a possible financial exigency affecting the University of Nevada, Las Vegas, the president shall, within three college working days, convene the Faculty Advisory Committee to work with him or her in using all possible means to avert financial exigency. The Faculty Advisory Committee shall consist of the Executive Committee of the Faculty Senate, the Chair of the Faculty Senate Administrative Faculty Committee, and the Chair of the Faculty Senate Priority and New Program Committee. The president shall forward all recommendations of the Faculty Advisory Committee to the Chancellor. (B/R 3/03)

19.5 Financial Exigency.

Immediately upon the declaration of a bona fide financial exigency by the Board of Regents the following procedures shall be implemented by the president:

19.5.1 Establishment of Ad Hoc Financial Exigency Committee. The president shall create an Ad Hoc Financial Exigency Committee to prepare recommendations for a plan to implement the discontinuance or reduction in size of administrative units, projects, programs or curricula to include layoffs, if necessary, due to the financial exigency. Each such plan shall establish the criteria necessary for recommending and determining such actions.

19.5.2 Financial Exigency Plan Requirements. The plan shall take into consideration the affirmative action goals of the University, the responsibility of the University to continue to offer the appropriate range of programs or curricula to its enrolled students and the missions of the University. The plan shall set criteria for identifying the individuals whose appointments are to be terminated. These criteria may include considerations of length of service, tenure status, rank and merit.

19.5.3 Ad Hoc Financial Exigency Committee. The president shall establish an Ad Hoc Financial Exigency Committee, determine the number of persons to serve on the committee, and appoint one half of the membership. The Faculty Senate shall elect the other half of the committee membership. The president and the Faculty Senate shall mutually agree on the appointment of a tenured academic faculty member as chair, who will vote only in case of a tie. If the president and the Faculty Senate cannot agree on the appointment of a chair, the president shall appoint the chair. The plan recommended by the committee must be approved by the president.

19.5.4 Transmittal of Financial Exigency Plan. The plan, as approved by the president, must be submitted to the Chancellor within the published time limit agreed to by the president and the Chancellor.

19.6 Notice of Proposed Termination.

When a faculty member is given notice of proposed termination, the following procedures will apply:

19.6.1 Reconsideration. If the administration issues notice to a particular faculty member because of an intention to terminate the appointment because of financial exigency, the faculty member will have the right to reconsideration. This will include a full hearing before a faculty committee as provided in UNLV Bylaws, Chapter III, Section 19.12.

19.6.2 Order of Layoffs and New Appointments.

1. The appointment of a faculty member with tenure will not be terminated in favor of a faculty member without tenure, except in extraordinary circumstances where a serious distortion of the academic program or the University's mission would otherwise result.
2. If the president terminates appointments because of financial exigency, he or she will not at the same time make new appointments except in extraordinary circumstances where a serious distortion in the academic program or the university's mission would otherwise result. (B/R 10/98)

19.6.3 Transfers. Before terminating an appointment because of financial exigency, the president, with faculty consultation, will make every reasonable effort to place the faculty member in another suitable position within the University System.

19.6.4 Restriction on Replacements. In all cases of termination of appointment because of financial exigency, the place of the faculty member concerned will not be filled by a replacement within a period of two years, unless the released faculty member has been offered reinstatement in writing and has been given a reasonable time in which to accept or decline in writing (no less than 20 calendar days). The reappointment referred to herein shall be at the faculty member's previous rank or range, inclusive of all cost-of-living increases given during the layoff. All sick leave and other accrued benefits shall be restored at the level present at the time of the layoff.

19.7 Periodic Review of State of Financial Exigency.

A financial exigency, once declared, must be reviewed by the president every 180 calendar days or sooner if appropriate. Before making a recommendation to the Board of Regents on whether a state of financial exigency should be continued or declared ended, the president shall seek the advice of the Faculty Senate and shall obtain its recommendations concerning whether the state of financial exigency should continue or be declared ended. The Faculty Senate recommendations shall be forwarded to the Board of Regents along with the recommendations of the president.

19.8 Curricular Reasons for Termination.

A person holding an authorized professional position may be terminated for curricular reasons, which is the bona fide discontinuance, reduction in size or reorganization of an administrative unit, project, program or curriculum. When it is determined that a proposed change within a program of study may result in the displacement of faculty the following steps shall be implemented:

19.8.1. Notification of Proposed Layoffs. When the recommendations of the appropriate Faculty Senate Priority and New Program Committee, as outlined in Chapter II, Section 6.3.7 and 6.3.8 of these Bylaws, include the potential for displacement of faculty, prior to approval by the Executive Vice President and Provost (or other appropriate administrator in the case of nonacademic faculty), faculty potentially affected will be informed by their supervisor within three college working days of the proposed change, the proposed time schedule and the possible alternatives to termination for curricular reasons which may be available within the University or within other System institutions. (B/R 10/98)

19.8.2 Alternatives to Layoffs. Among the alternatives to termination for curricular reasons to be investigated jointly by each potentially affected faculty member's supervisor and dean and the appropriate vice president are:

1. All reasonable steps will be taken to identify a suitable, alternative appointment within the University for each faculty member who may be displaced. In consultation with the Faculty Senate Priority and New Program Committee, the president and the appropriate vice president shall designate appropriate receiving departments throughout the University for each potentially affected faculty member. A displaced faculty member may be appointed to a vacancy in such a designated receiving department unless the department demonstrates that the displaced faculty member is not suitable for such vacancy or unless the threat of layoffs for curricular reasons is removed. (B/R 10/98)
2. All reasonable steps should be taken to investigate suitable, alternative appointments within other System institutions and to facilitate communication between each affected faculty member and other System institutions, when requested to by said faculty member.
3. A careful review and evaluation of administrative appointment, early retirement options, retraining programs, non-University employment opportunities, or other alternatives shall be conducted and discussed with the affected faculty member.

19.8.3 Faculty Senate Priority and New Program Committee Recommendations. The recommendations of the Faculty Senate Priority and New Program Committee and the additional findings regarding displacement of faculty for curricular reasons shall be considered by the appropriate vice president or dean who shall either return the recommendations to the Faculty Senate Priority and New Program Committee for reconsideration or approve said recommendations and forward them to the president for final disposition. (B/R 3/03)

19.8.4 Procedures for Reviewing Curricular Revisions. Any curricular program proposal which has completed the procedures outlined herein, has been approved by the Executive Vice President and Provost (or appropriate administrator in the case of faculty units), and which necessitates termination for curricular reasons shall be implemented according to the following steps: (B/R 10/98)

1. The academic department to be affected shall formally consider the proposed change and make its recommendation to the pertinent academic unit committee.
2. The pertinent academic unit committee shall formally consider the proposed change and make its recommendation to the academic unit faculty.
3. The academic unit faculty shall formally consider and act upon the recommendation of the pertinent academic unit committee.
4. The recommendation of the academic department and of the academic unit faculty shall be forwarded to the Faculty Senate and the Academic Council, each of which shall formally consider the matter and forward its recommendation to the president.
5. The nonacademic faculty unit to be affected shall formally consider the proposed change and make its recommendation to the Administrative Faculty Unit.
6. The Administrative Faculty Unit shall formally consider the matter and forward its recommendation to the president.

19.8.5 Grievances. A faculty member may file a grievance a proposed relocation or termination resulting from discontinuance and has a right to a full hearing as provided in UNLV Bylaws, Chapter III, Section 18.12. (B/R 3/03)

19.8.6 Order of Layoffs for Tenured Faculty. Tenured faculty on regular, continuing contracts will not be terminated in favor of retaining nontenured faculty except in extraordinary circumstances where a serious distortion of the program would otherwise result.

19.8.7 Order of Layoffs for Nontenured Faculty. Nonacademic faculty on regular, continuing contracts will not be terminated in favor of other nonacademic faculty whose length of service is shorter, except in extraordinary circumstances.

19.9 Restriction on Replacements.

If a faculty member is laid off for the above stated reasons, the faculty member's position will not be filled within a period of two years, unless a reasonable attempt to offer reappointment has been unsuccessful or reappointment has been offered in writing and the faculty member has not accepted the same in writing within 20 calendar days of receipt of the offer. The reappointment referred to herein shall be at the faculty member's previous rank or range, inclusive of all cost-of-living increases given during the layoff. All sick leave and other accrued benefits shall be restored at the level present at the time of the layoff.

19.10 RESERVED

19.11 Contents of Layoff Notices.

Notice of the layoff of faculty members for financial exigency or curricular reasons shall be in writing and shall furnish the faculty member with a reasonably adequate statement of the basis for the decision to layoff the faculty member, a reasonably adequate description of the manner in which the decision was arrived at and a reasonably adequate disclosure of the information and data upon which the decision was based. The notice shall also inform the faculty member of the right to reconsideration, the procedures for reconsideration and the identity of the person or persons to whom a request for reconsideration should be directed.

19.12 Reconsideration Process.

Within 15 calendar days after receipt of the notice of layoff, the faculty member may request reconsideration of the decision to layoff, at which time the following provisions and procedures are applicable:

19.12.1 Order of Procedure. The reconsideration process may include:

1. RESERVED
2. The soundness of the educational/professional judgments and the criteria for identification for termination of the individual; but the recommendations of a faculty body on these matters will be considered presumptively sound.
3. Whether the criteria are being properly applied in the individual case.

19.12.2 Employment Review Committees. In the event decisions are made to layoff faculty members because of financial exigency or curricular reasons, the president shall establish one or more Employment Review Committees. The president shall determine the number of persons to serve on the committee(s), shall determine their terms of service and, in addition, shall choose one half of the membership of the committee(s) including one student. The Faculty Senate shall elect one half of the committee membership. The president and the Faculty Senate shall mutually agree on the appointment of a chair, who must be a tenured faculty member. If the president and the Faculty Senate cannot agree on the appointment of a chair, the president shall appoint the chair. The chair shall vote only in case of a tie vote. No one who took part in making the specific recommendation to the president to layoff the faculty member requesting the reconsideration may be a member of the Employment Review Committee.

19.12.3 Contents of Request for Reconsideration. The request for reconsideration shall be submitted in writing to the president, together with the reasons, arguments and documentation supporting the request for reconsideration. The president shall immediately send the request for reconsideration, together with a copy of the notice of layoff, to the Employment Review Committee.

19.12.4 Hearings. The Employment Review Committee shall hold a hearing on the request for reconsideration within 15 calendar days of its receipt or, given the number of requests that may be received, as soon after that time limit as is feasible. The hearing shall be informal and nonadversarial in nature. The committee shall have the discretion to consolidate hearings.

19.12.5 RESERVED

19.12.6 Administration's Response. The University administration shall have an opportunity to respond to the contentions of the faculty member requesting reconsideration or to otherwise correct any erroneous or misleading information presented to the committee.

19.12.7 President's Decision. The Employment Review Committee shall forward its written recommendation to the president on the issue or issues presented by the request for reconsideration within 10 calendar days after the conclusion of the hearing. The president shall make a decision within 5 calendar days after receipt of the recommendation. The president's decision shall be final and shall be sent, in writing, to the faculty member requesting reconsideration.

19.12.8 Exclusive Means of Review. The review process involving financial exigency or curricular reasons shall be the exclusive means of review of such decisions.

19.13 Minimum Notice of Nonreappointment for Nontenured Faculty.

19.13.1 Minimum Notice of Nonreappointment for Nontenured Faculty. Unless provided otherwise in an employment contract, notice of nonreappointment to employment of nontenured faculty shall be given:

1. Not later than March 1 of the first academic or fiscal year of service, if the employment contract terminates at the end of that year, or if an employment contract for a one year appointment terminates during an academic or fiscal year, at least 90 calendar days in advance of its termination;
2. Not later than December 15 of the second academic or fiscal year of service, if the employment contract terminates at the end of that year, or if the second employment contract for a one year appointment terminates during an academic or fiscal year, at least 180 calendar days in advance of its termination;
3. At least 365 calendar days in advance of the termination of each succeeding employment contract of one academic or fiscal year's duration after the second year of service;
4. For employment contracts of less than one academic or fiscal year's duration, for a period of time which may be mutually agreed upon by the parties to such employment contracts, but, in all events, no less than 14 calendar days in advance of the termination of such contracts. (Nevada System of Higher Education Code 5.9.1.);
5. Faculty holding contracts under Nevada System of Higher Education Code 5.4.2, shall have the same minimum notice as specified in Nevada System of Higher Education Code 5.9.1;
6. Nontenured faculty members must be given written reasons for nonreappointment and have the right to reconsideration but not to grievance.

19.13.2 Shortened Notice of Nonreappointment for Financial Exigency for Nontenured Faculty.

1. Nonreappointment of a nontenured faculty member at the end of an existing employment contract by the University because of a financial exigency shall conform to the shortened notice of nonreappointment, given in Nevada System of Higher Education Code 5.9.2, except that if a financial exigency is such that adequate funds do not exist to pay the terminated faculty member's salary for such period, the notice of nonreappointment may be shortened to a period commensurate with the amount of funds reasonably available to make such payments. Notice of nonreappointment for financial exigency shall require at least 60-calendar days’ notice, except as provided above.
2. If a nontenured faculty member is not reappointed to employment under the shortened notice of nonreappointment because of financial exigency, the faculty member's position will not be filled by a new appointee within a period of two years, unless a reasonable attempt to offer reappointment has been unsuccessful or reappointment has been offered in writing and the faculty member has not accepted the same in writing within 20 calendar days of the receipt of the offer. The reappointment referred to herein shall be at the faculty member's previous rank and step or range. All sick leave and other accrued benefits shall be restored at the level present at the time of layoff.
3. Faculty holding contracts under section 5.4.2(b) of the Nevada System of Higher Education Code shall receive the same shortened notice as specified in Nevada System of Higher Education Code 5.9.2. (B/R 6/89)

Section 20. Grievances

20.1 Scope of Grievance Procedures.

A grievance is an act or omission to act by the respective administrations of the System institutions, allegedly resulting in an adverse impact on the employment conditions of a faculty member relating to salary, promotion, appointment with tenure or other aspects of contractual status, or relating to alleged violations of the Nevada System of Higher Education Code or institutional bylaws. [NSHE Code Section 5.7.2] Grievances may not be filed by students.

20.2 Filing of Grievances.

A grievance, in the form of a petition and supporting documentation, must be filed with the Faculty Senate Office within 15 calendar days, not including any days the university is not in session between regular semesters, from the date the faculty member becomes aware of the grievable act, omission or violation and has exhausted all administrative remedies. When a reconsideration process as defined in the NSHE Code Section 5.2.4 leads to the grievance, the grievance may be filed only after formal notification of the decision to the faculty member by the President, Executive Vice President and Provost, or a Vice President, as applicable. For such grievances, the grievance must be filed within 15 calendar days, not including any days the university is not in session between regular semesters. The Faculty Senate shall determine the manner in which grievances are filed. A request for an extension of time to file a grievance shall be authorized by the Faculty Senate Chair, pursuant to the procedures contained in the Faculty Senate Bylaws. (5/17)

20.3 Grievance Committee.

The Grievance committee shall consist of 4 elected tenured faculty from each degree-granting college or school, four tenured librarians, and 18 representatives from the Administrative Faculty Unit. The President shall appoint two administrative representatives and two alternates.

20.4 Nature of Proceedings.

All grievance proceedings are informal in nature, advisory, and constitute recommendations to the President only. Final decisions in all grievances are made by the President. Due to their informal nature, grievance proceedings shall not be recorded by any electronic or other means.

20.5 Definitions.

The person filing the grievance shall be known as the grievant, and the University administrator who made the decision in question shall be known as the respondent. For grievances related to tenure, promotion, merit, or other salary increase or contractual status, the respondent shall be the President, Executive Vice President and Provost, or a Vice President, as applicable, for academic faculty or administrative faculty serving in their unit.

20.6 Hearing Committees.

Each grievance shall be assigned to a Grievance Hearing Committee, which consists of five elected members of the Grievance Committee and an administrative representative selected by the Executive Committee of the Faculty Senate and approved by the Executive Vice President and Provost. The Executive Committee shall select a chair from the members. No member of the Hearing Committee may be from the same college or unit as the grievant or respondent.

20.7 Initial Grievance Procedures.

After the grievant has properly filed his/her petition and supporting documentation, the Faculty Senate Office shall notify the respondent of the grievance. The respondent shall have 15 calendar days to file a response with the Faculty Senate Office, not including any days the university is not in session between regular semesters. A request for an extension of time to respond to a grievance shall be authorized by the Faculty Senate Chair, pursuant to the procedures contained in the Faculty Senate Bylaws. Unless an extension of time for filing a response to the grievance has been granted, failure to timely respond shall be deemed a failure to object to the grievance by the respondent, and the Hearing Committee shall recommend by default in favor of the grievant. Upon receipt of the response, all documentation related to the grievance shall be forwarded to the Hearing Committee Chair.

20.8 Conduct of Hearing Committees.

Procedures for Hearing Committees shall be jointly agreed to by the Faculty Senate and the President, and will be contained in the Faculty Senate Bylaws.

20.9 The Hearing Committee.

Shall submit its final report to the Faculty Senate Office, which shall distribute copies to all parties and forward the report to the President, with copies to the Executive Vice President and Provost or Vice President from whose unit the grievance originated. (B/R 3/03)