2.0 FACULTY PERSONNEL POLICIES

2.1 Academic Freedom

Institutions of higher education are conducted for the common good. The common good depends upon a free search for truth and its free expression. Hence, it is essential that the faculty member be free to pursue scholarly inquiry without undue restriction, and to voice and publish conclusions concerning the significance of evidence considered relevant to those conclusions. The faculty member must be free from the corrosive fear that others, inside or outside the University community, because their vision may differ, may threaten his or her professional career or the material benefits accruing from it.

Each faculty member is entitled to full freedom in the classroom in discussing the subject which he or she teaches, including the absence of pressure from the institution or from regulations which violate the First Amendment in insisting on orthodoxy in the classroom, but should be careful not to persistently introduce controversial matters which have no relation to the classroom subject.

Exercise of professional integrity by a faculty member includes recognition that the public may judge his or her profession and institution by statements made by the faculty member. Therefore, when speaking or acting as a private person, the faculty member should strive to be accurate, to exercise appropriate restraints, to show respect for the opinion of others, and to avoid creating the impression that he or she speaks or acts for the College or University.

Faculty members have constitutionally protected rights as citizens to freedom of expression on matters of public concern. A faculty member's comments are protected even though they may be highly critical in tone or content, or erroneous, but such statements are not protected free speech if they either substantially impede the faculty member's performance of daily duties or if they are part of a continuing pattern of expression of such nature as to destroy the ability to work cooperatively and undermine the morale of a Division, Department or College.

False statements and/or falsification of scholarly work made with knowledge of their falsity or in reckless disregard of the truth are not entitled to constitutional protection. Furthermore, public statements may be without sufficient foundation so as to call into question the fitness of the faculty member to perform his or her professional duties. In cases where the facts are in dispute, hearings will be conducted by a committee of academic administrators and faculty appointed by the Provost from persons recommended by the Faculty Senate. Due process will be followed. The controlling principle is that a faculty member's expression of opinion as a citizen cannot constitute grounds for dismissal unless it clearly demonstrates the faculty member's unfitness for his or her position, as described in the Non-reappointment Section of this Handbook. Extramural utterances rarely bear upon the faculty member's fitness for job performance. Moreover, a final decision should take into account the faculty member's entire record as a teacher and scholar.

2.2 Faculty Responsibilities

A. Teaching Faculty

Texas A&M International University is committed to excellence in instruction, a concern for students, and the integrity of the institution. As such, all teaching faculty are expected to:

1. Make known to students in writing the goals and requirements of each course, the nature of the course content and the methods of evaluation to be employed.

2. Meet classes as scheduled.
3. Instruct so as to meet course objectives.
4. Maintain competence in teaching fields.
5. Be professional in conduct, in the classroom, and show respect for students.
6. Be available to students for consultation on course work during regular published office hours.
7. Serve as academic advisor in accordance with College policy on advisement.
8. Engage in service activities according to requirements for performance by rank as stated in Section 2.4 of this Handbook, and applicable College and Departmental policies.
9. Engage in scholarly activity according to requirements for performance by rank as stated in Section 2.4 of this Handbook, and applicable College and Departmental policies.

While these responsibilities provide the foundation of good teaching and professionalism, they do not alone qualify one for tenure or promotion. Sections 2.6-2.8 of this Handbook provide additional information concerning promotion and tenure.

B. Library Faculty

All Library faculty are expected to:
1. Adhere to the American Library Association Code of Ethics.
2. Maintain knowledge and competence in their areas of specialization.
3. Be professional in conduct and show respect for patrons.
4. Perform their professional assignments in a manner which supports the Library's mission within the University.
5. Engage in service activities according to requirements for performance by rank as stated in Section 2.4 of this Handbook, and applicable Library policies.
6. Engage in professional enrichment activities according to requirements for performance by rank as stated in Section 2.4 of this Handbook, and applicable Library policies.

2.3 Major Faculty Responsibilities

While Academic Preparation, Experience, and Professional Responsibilities form the basis for faculty competence, faculty seeking promotion and tenure must demonstrate achievements in the areas of Teaching, Service, and Scholarship.

A. Teaching

Texas A&M International University considers teaching its primary mission. Teaching includes knowledge in the field, quality in teaching, and academic advisement and career counseling. Consistent with its strong commitment to instruction, the University requires that teaching effectiveness count in promotion to all ranks. Each College must maintain a clear and fair process for evaluating teaching effectiveness. Student evaluation, peer review, and self-evaluation are recommended avenues for evaluating teaching performance. Teaching activities encompass classroom instruction as well as those professional development activities aimed at making one a better teacher or at enhancing one's expertise in a teaching subject area.

The teaching responsibility for Library faculty is fulfilled through professional assignment. Professional assignment includes acquisition of materials in various forms, organization of those materials for retrieval, aiding patrons in their use, electronic connection to the world, and responsible management of all resources. Texas A&M International University places high value on the opportunity for students and faculty to engage in independent learning and scholarly research. Consistent with its recognition of the importance of library service, the University requires that effectiveness in professional assignment count in promotion to all ranks. Self-evaluation, including position description as the basic criterion, with review by each librarian's supervisor, is the recommended avenue for evaluating performance.

B. Service

Service encompasses a variety of professionally related activities through which members of the faculty employ their academic expertise for the benefit of the University, the community, and the profession. Texas A&M International University places a strong emphasis on service to the University and its mission. A faculty member provides service to the University through active participation and leadership in college and university committees, councils, special projects, or duties for which the faculty member is held accountable.

As a comprehensive university located on the South Texas-Mexico border, Texas A&M International University encourages community service in areas related to the development of multi-cultural and international issues. It also recognizes the emerging role of the institution in business and industrial development, work force development, and community, educational, health, and social development. For purposes of evaluation, however, activities must relate to one's academic field or discipline or else be clearly approved by the University.

The University encourages participation and leadership in professional activities and associations. A professional activity may be considered service when it does not include peer review. Service of all types may be documented by certificates of recognition, letters of appreciation, official minutes, newsletters, products of projects, and other tangible evidence of service rendered.

C. Scholarship

Fundamental to any definition of scholarship is the expansion and application of knowledge and understanding about the world in which we live. For an endeavor to be considered scholarship the following criteria must apply:
1. Scholarship involves a product, a more or less tangible result, something that observers can examine. In the case of oral presentations, some material evidence of the event must be provided.
2. Scholarship involves academic peer review of both the quality and quantity of the scholarly products.
3. Scholarship implies an activity that is novel, creative, imaginative, ingenious, or original, yet not accidental. Not necessarily all of these but at least some must apply to the outcome or it is not "scholarly".

Scholarship at Texas A&M International University consists of three separate, yet interconnected elements: Scholarship of Discovery, Scholarship of Integration and Teaching, and Scholarship of Application.

1. The Scholarship of Discovery. The scholarship of discovery involves the search for new knowledge and for a richer understanding of the existing knowledge. Creative achievements in the fine arts are considered enterprises of discovery. Productivity may be documented in the form of scholarly books, articles, oral presentations of research, artistic productions, and performances.

2. Scholarship of Integration and Teaching. The scholarship of integration emphasizes fitting one's own research, or the research of others, into larger intellectual patterns. It involves making connections across the disciplines, placing the discipline in a larger context, illuminating data or concepts in a revealing way, and evaluating new pedagogical approaches. In addition to the more traditional forums for scholarship, such as academic writing, productivity may take the form of a textbook, multi-media production, writing that makes one's field accessible to a wider audience, cross-curricular innovations, and interdisciplinary instructional achievements.

3. Scholarship of Application. The scholarship of application brings learning and knowledge to bear upon the solution of practical problems. It flows directly from one's professional expertise, encompassing activities that relate directly to the intellectual work of the faculty member. Productivity may take the form of publications and presentations derived from consultation, technical assistance, policy analysis, and program evaluation.

For Library faculty the scholarship responsibility is fulfilled by professional enrichment activities, which include professional development and scholarly activities. Professional development is defined as activity that enhances the professional skills, knowledge, and abilities of the Library faculty member to contribute to the mission of the Library and the University and to the library profession. Productivity may take the form of course work and continuing education activities, documented study and reading with an end product which leads to the improvement of library services, and participation in professional societies as a member and by attendance at professional meetings, documented by reports of findings or new knowledge required. Scholarly activities are defined as activities in librarianship or another academic discipline which demonstrate the librarian's research and scholarship in the chosen discipline. Productivity may take the form of professional and scholarly publications (including electronic publications).

2.4 Definition of Faculty Status

For the regularly appointed full-time faculty there are four levels of academic rank: Instructor, Assistant Professor, Associate Professor and Professor. For regularly appointed full-time Library faculty there are three levels of rank: Assistant Librarian, Associate Librarian, and Full Librarian.

A. Instructor

This rank is usually held by an individual entering the academic profession. In addition to fulfilling faculty responsibilities, faculty holding this rank must meet the following requirements:
1. Academic Preparation: A minimum of a Master's Degree.
2. Experience: Individuals holding a Master's Degree are required to supplement their degree by professional or work experience in the field, special certification, license or other certification of proficiency in the field.
3. Teaching: Instructors must demonstrate a basic knowledge of the teaching area, careful classroom preparation, and a willingness to assist students. They must show continuing progress in teaching by expanding knowledge in the teaching specialty and developing effective instructional strategies and techniques. They must also participate in academic advisement and be familiar with university core curriculum, college degree requirements, and other matters related to academic advisement.
4. Service: Instructors must participate at an introductory level of responsibility in service to the College and University through committees, councils, and special projects.
5. Scholarship: They must show evidence of understanding advancements in scholarship that are related to the teaching specialty.

B. Assistant Professor

This rank is usually the entry level for a tenure-track position. In addition to fulfilling faculty responsibilities, the following qualifications must be met for consideration of appointment to this rank. The achievement of this academic preparation and experience does not in itself ensure appointment to this rank.

1. Academic Preparation:: a. Holds the earned doctorate or equivalent terminal degree, or; b. Is in the final stages of a doctoral dissertation, or terminal degree project.

2. Experience: Part-time teaching experience or related professional/work experience is required.

In addition, to be promoted to Assistant Professor, the faculty member must meet the following requirements:

1. Teaching: Show continuing progress in teaching proficiency by expanding knowledge in the teaching specialty and developing the expertise needed to teach graduate as well as undergraduate courses. Participate in professional development activities aimed at making one a better teacher or at enhancing one's expertise in a teaching subject area. Understand University and College degree requirements and other matters related to academic advisement as well as requirements for graduate study and professional entry into the field. Actively participate in academic advisement and career counseling.

2. Service: Participate in service to the College and University through committees, councils, and special projects. May also participate and lead in professional and community service insofar as the activities relate to the candidate's discipline and/or serves the University's mission.

3. Scholarship: Continue to advance in scholarly or creative activity beyond instructional assignments. Areas of accomplishment are appropriate to the academic discipline.

C. Associate Professor

This rank represents maturity, experience and leadership in the academic profession. In addition to fulfilling faculty responsibilities, the following qualifications must be met for consideration of appointment to this rank. The achievement of this academic preparation and experience does not in itself ensure appointment to this rank.

1. Academic Preparation: An earned doctorate or equivalent terminal degree.

2. Experience: A minimum of five years experience in full-time university faculty employment including at least three years in the rank of Assistant Professor.

In addition, to be promoted to Associate Professor, the faculty member must have a minimum of 2 years experience at Texas A&M International University and must meet the following requirements:

1. Teaching: has a broad knowledge of the discipline and an in-depth knowledge in one or more parts of the field. Has the ability, experience, and expertise to teach both undergraduate and graduate courses. May be involved in experimental, innovative teaching. Knows degree requirements for both undergraduates and graduates and is experienced in academic advisement and career counseling. Serves as a mentor for students desiring advanced degrees and career entry.

2. Service: has begun to assume a position of leadership in the College and the University by serving on committees or special projects. May also participate and lead in professional and community service insofar as the activities relate to the candidate's discipline and/or serve the University mission.

3. Scholarship: has demonstrated competence and productivity in scholarly or creative activities related to the candidate's discipline.

D. Professor

This is the summit of academic rank, representing a position of leadership in the University. In addition to fulfilling faculty responsibilities, the following qualifications must be met for consideration of appointment to this rank. The achievement of this academic preparation and experience does not in itself ensure appointment to this rank.

1. Academic Preparation: an earned doctorate or equivalent terminal degree.

2. Experience: a minimum of ten years of full-time university faculty employment including at least five years in the rank of Associate Professor.

In addition, to be promoted to Professor, the faculty member must have a minimum of three years full-time faculty employment at Texas A&M International University and meet the following requirements:

1. Teaching: has demonstrated maturity and skill in teaching, a proven record of teaching excellence, and continued demonstration of interest in improving pedagogical skills. Has assumed leadership in curriculum development and issues related to teaching improvement in the discipline. Is thoroughly familiar with University and College degree requirements and other matters related to academic advisement, career development and opportunities, and placement. Is a teacher and advisor to colleagues.

2. Service: has assumed a position of leadership and service to the University on committees, councils, and special projects. May also participate and lead in professional and community service insofar as the activities relate to the candidate's teaching or research and/or serve the University's mission.

3. Scholarship: has recognized achievements in scholarly or creative activities and is capable of advising colleagues in such activities.

E. Assistant Librarian

This rank is the entry level for a tenure-track position, assigned to individuals who are beginning their Library professional careers. In addition to fulfilling Library faculty responsibilities, Library faculty holding this rank must meet the following requirements:

1. Academic Preparation: an earned Master's Degree in Library Science (M.L.S.) from an American Library Association (ALA) accredited program (ALA recognizes the M.L.S. as the terminal degree for librarians).

2. Professional Assignment: demonstrate a basic knowledge of librarianship, professional responsibilities, and a willingness to assist Library patrons.

3. Service: participate at an introductory level of responsibility in service to the Library and university through committees, councils, and special projects.

4. Professional Enrichment: participate in professional development activities and demonstrate understanding of current developments in librarianship.

F. Associate Librarian

This rank represents maturity, experience and leadership in the academic Library profession. In addition to fulfilling Library faculty responsibilities, the following qualifications must be met for consideration of appointment to this rank. The achievement of this academic Library preparation and experience does not in itself ensure appointment to this rank. The deciding factor in promotion to Associate Librarian is the evaluation of professional assignment.

1. Academic Preparation: an earned Master's Degree in Library Science from an ALA accredited program.

2. Experience: A minimum of five years experience in full-time Library professional employment, including at least three years in the rank of Assistant Librarian., and a minimum of 2 years experience at Texas A&M International University.

In addition, to be promoted to Associate Librarian, the Library faculty member must have a minimum of 2 years experience at Texas A&M International University and meet the following requirements:

1. Professional Assignment: has a broad knowledge of librarianship and an in-depth knowledge in one or more parts of the field. Has the ability, experience and expertise to perform all duties in assignment area and is able to contribute to new services and innovative programs. Assists in the training of new librarians and/or other employees. Demonstrates consistently meritorious professional performance.

2. Service: has begun to assume a position of leadership in the Library and the University by serving on committees or special projects. May also participate and lead in professional community service.

3. Professional Enrichment: has actively pursued opportunities for professional development in areas related to academic librarianship. May also have produced scholarly publications or engaged in other scholarly activities.

G. Full Librarian

This is the summit of Library academic rank conferred by the Library and is reserved for individuals whose performance judged over an extended period of time has been considered exemplary. The standard of performance required for promotion to Full Librarian is substantially higher than that required for promotion to Associate Librarian. The deciding factor in promotion decisions is the evaluation of professional assignment; however, other criteria apply. The achievement of this academic Library preparation and experience does not in itself ensure appointment to this rank.

1. Academic Preparation: an earned Master's Degree in Library Science from an ALA accredited program.

2. Experience: a minimum of ten years experience in full-time Library professional employment, including at least five years in the rank of Associate Librarian.

In addition, to be promoted to Full Librarian, the Library faculty member must have a minimum of 3 years of full-time experience at Texas A&M International University and meet the following requirements:

1. Professional Assignment: has demonstrated maturity and skill in Library specialty, a proven record of outstanding performance and continued demonstration of interest in improving Library services. Has assumed leadership in areas related to Library specialty, developing and managing new programs and services for the Library and improving existing programs and services. Is familiar with basic issues and developments in all areas of the Library and Library profession. Trains and acts as mentor to less-experienced librarians and other employees and is an advisor to colleagues.

3. Professional Enrichment: has established a consistent record of professional development. Assists in the professional development of other librarians. Has produced a significant output of scholarly activity.

H. Others With Faculty Status

From time-to-time it may become necessary to add members of the faculty whose ranks and positions have not been previously defined. At the time of appointment, these definitions need to be clarified. Typical of ranks and positions not elsewhere defined are the following: Lecturer, Adjunct, Special Appointment, Emeritus, and Visiting.

1. Lecturer. Lecturers may be either full-time or part-time faculty members. Typically, they will not be appointed to a tenure track position. Normally they will not possess the academic or professional qualifications necessary to be appointed to the rank of Instructor.

2. Adjunct. Adjunct faculty may be appointed at any rank for which they are qualified, on either a full-time or part-time basis. Normally the appointment is of a temporary, or part-time nature, and is made to ensure that classes that could not be offered by otherwise qualified full-time, tenure track faculty may be offered. These appointments are made at the discretion of the various Academic Deans, with the guidance and approval of the Provost.

3. Special Appointment Faculty. From time-to-time the University may appoint a faculty member as a Poet, Writer, or Artist in Residence, Special Funding faculty, or as some other title not elsewhere defined. Normally these appointments are of a temporary (usually one year or less) nature, and they are not normally tenurable positions.

4. Emeritus. The Emeritus title is conferred upon individuals who have made significant contributions to the University through long and distinguished service in administration, teaching, research, and/or service while holding positions identified by these titles. As a general rule, over ten (10) years of employment would be considered long service. Emeritus titles are granted by action of the Board of Regents upon nomination by the President and recommendation of the Chancellor. (For more detail see TAMUS Policy 31.08 Section 01).

5. Visiting. Visiting faculty may be appointed at any rank. They are not eligible for the rights and privileges granted to tenure-track and tenured faculty until they are given a tenure-track appointment. Normally these renewable, at the University's option, appointments are of one year duration.

6. Administrators with Faculty Rank. Anyone who holds faculty status is expected to participate in the teaching process a minimum of once per year. Failure to participate in the teaching process for a period of more than two years is justification for the Faculty Senate to request that the Provost seek revocation of the faculty status, rights and privileges of the non-participating party. If Faculty Status is revoked, the administrator would be entitled to appeal as specified in the sections of the Handbook describing appeals in the promotion and tenure process.

2.5 Faculty Evaluation

By a majority vote of its faculty, and with approval of the Provost and Faculty Senate, each College³ will establish procedures and criteria for evaluating faculty performance and development on a regular basis. Non-tenured faculty must be evaluated yearly; tenured faculty must be evaluated at least once every three years. Each College will establish the forms, documents, and other materials to be used in the evaluation process. These materials will be consistent with the five major areas of: academic preparation, experience, teaching, service, and scholarship. Documents on procedures, criteria and forms to be used in the evaluation process will be filed with the Faculty Senate and the Office of the Provost.

A. College Evaluation Procedure

The College Evaluation Procedure document must include the following:

1. A provision for the faculty member to receive a written evaluation, review the evaluation and to respond to it in writing. This response will be placed in the faculty member's personnel file in the College.

2. A provision for a final review of the evaluation by the Dean of the College if the Dean was not involved in the initial evaluation procedure to discuss the evaluation.

3. A provision for the Dean of the College and the initial evaluator(s) to meet with the faculty member.

B. College Evaluation Criteria

The College's statement of criteria to be used in evaluating faculty performance must:

1. Specify the criteria to be used in evaluating academic preparation, experience, teaching, service, and scholarship.

2. Include a provision for a faculty member to identify, with the Chair's or Dean's approval, an area of primary academic development or activity for the coming year. This area is to be selected in the light of requirements for promotion, tenure, and professional development and mentioned in the written evaluation.

3. Describe the kinds of evidence to be considered in the evaluation. Indicate, whenever applicable, the priority given to items of evidence within an area.

4. Assure that the criteria and the evidence are consistent with those widely accepted for the development of faculty in the given discipline.

2.6 Promotion of Faculty

Appointment or promotion to an academic rank is based on past and anticipated success in performance, accomplishments and leadership in the following five areas:

1. Academic Preparation
2. Experience
3. Teaching
4. Service
5. Scholarship (Discovery, Integration and Teaching, and Application)

As they advance in rank, faculty members are expected to achieve increasing success both by progressively mastering all five areas and by improving in individual areas. The consistently sustained performance of faculty responsibilities is a requisite for all faculty promotions.

2.7 Procedures and Time Lines for Recommendation for Promotion and Tenure

A. Deadlines for Promotion and Tenure Applicants

October 1 Faculty Letter Of Intent To Dean
December 1 Documentation In Department Chair's Office
February 1 Departmental Vote on Candidates
February 15 Department Chair's Recommendation to College Committee and Dean
March 1 College Committee Vote on Candidate
March 15 Dean's Recommendation to the University Promotion and Tenure Committee and to the Provost
April 1 University Promotion and Tenure Committee votes and reports to the Provost
April 15 Provost's Recommendation to the President.
May 15 President's Recommendation to the Board of Regents (if required)

At each level of review, if there is a negative vote, the candidate will be informed of the decision and be afforded an opportunity to withdraw from the promotion or tenure process.

At each stage of this process, all previous reviews and recommendations will be forwarded to the next level of review. On tenure issues, the President of the University presents his/her recommendations to the Board of Regents which makes the final decision.

A faculty member must request in writing that he or she be considered for promotion during the academic year in which they believe the appropriate education, experience, teaching, service, and scholarship standards will be met. To be considered for promotion, a faculty member must send a letter to the College Dean by October 1 of the academic year in which the faculty member desires consideration. The College Dean must certify that the appropriate education and experience standards have been met, and must respond to the faculty member in writing within two weeks. Should the Dean fail to certify that appropriate education and experience standards have been met, the faculty member has the right to appeal the case to the Provost, who shall make a final decision and respond to the faculty member in writing within two weeks.

B. College Promotion Procedures

Written procedures for promoting faculty must be developed by the College and provided to all tenure track faculty. These procedures are to be approved by a majority of the College Faculty, the Dean of the College, the Faculty Senate, and the Provost and filed with the Faculty Senate. The Provost shall certify compliance with university standards. The procedures are subject to review by the College faculty and the Faculty Senate every two years.

The promotion procedures document must include:

1. A statement regarding certification by the College of a faculty member's eligibility for promotion consideration.

2. Guidelines for the selection of a faculty committee to review documentation offered by the candidate.

3. A statement naming all administrative personnel who are to take part in the tenure or promotion decision.

4. A statement of responsibilities of the committee and college administrative personnel in making the final recommendation.

5. Description of the protocol for:
a. submitting personnel documentation and records to the Department Chair for the Departmental Committee's consideration;
b. reviewing documentation and arriving at a recommendation;
c. submitting the final recommendation of the Departmental Committee to the College Dean for the College Committee's consideration;
d. notifying in writing the candidate of the promotion recommendation.

6. The following statement concerning the role of the Dean:

Office of the Dean is responsible for maintaining the faculty member's personnel file and providing access to that file to the faculty promotion committees and other administrative personnel with a role in the promotion review process. The faculty member under consideration has a right to see and comment, in writing, on all items in the file that are provided to those involved in the promotion review process. The Dean is responsible for independently assessing the promotion candidate's record of performance and for reviewing the promotion recommendations of the faculty promotion committees and of any subordinate administrative personnel to whom College policy delegates a role in the promotion process.

C. Appeals Procedure

At the conclusion of the promotion process, the faculty member who is not promoted but still feels deserving, shall inform the Provost in writing of his or her desire to appeal the decision to not promote. An appeals committee will be constituted of six tenured faculty, two to be appointed by the Provost and two to be appointed by the Faculty Senate and two selected by the appellant. This committee will investigate the matter and make a final written recommendation to the Provost, who after making his or her determination forwards the results of his or her assessment to the University President.

2.8 Tenure

Tenure means the entitlement of a faculty member to continue in an appointed academic position unless dismissed for adequate cause. Professional incompetence, continuing or substantial neglect of professional responsibilities, moral turpitude, mental or physical disablement of a continuing nature adversely affecting the material and to a substantial degree the performance of duties, unprofessional conduct adversely affecting the material and to a substantial degree the performance of duties, and bona fide financial exigency or the phasing out of institutional programs requiring reduction of faculty constitute adequate causes for dismissal of a tenured faculty member. A faculty member with tenure will not be dismissed until he or she has received reasonable notice of the cause for dismissal and has an opportunity for a hearing that meets the requisites of established procedures of due process. At this hearing, the institution will bear the burden of proving that the cause of dismissal is adequate.

To be eligible to apply for tenure, a faculty member must be a full-time employee of Texas A&M International University and should hold the academic rank of Associate Professor or above. Faculty members who hold joint appointments with other state, federal, or private agencies or with two or more parts of The Texas A&M University System may be entitled to tenured status as faculty members, if they meet the aggregate requirements for tenure and meet the minimum time in rank at Texas A&M International University. Administrative positions per se are not subject to tenure.

A. Consideration for Tenure

Beginning with appointment to the rank of full-time Assistant Professor/Librarian or above, the probationary period for a faculty member will not exceed seven years of full-time service at Texas A&M International University. Up to three years of appropriate full-time service at other institutions may be included as a portion of the probationary period if agreed on in writing at the time of initial appointment. Tenure is granted only by the affirmative action of the Board of Regents upon recommendation of the President of the University. At the conclusion of the probationary period and the tenure application procedure, the faculty member will be notified in writing by the President of the decision of the Board of Regents.

All tenure track faculty members must come under tenure consideration no later than the sixth year of their service at Texas A&M International University. A faculty member who believes his/her teaching, scholarship, and service record merits early tenure may apply during the fifth year of service towards tenure.

To be considered for tenure, a faculty member must send a letter to the College Dean by October 1 of the academic year in which the faculty member desires consideration. The College Dean must certify that the length of service requirements have been met, and must respond to the faculty member in writing within two weeks. Should the Dean fail to certify the request, the faculty member has the right to appeal the case to the Provost, who shall respond to the faculty member in writing within two weeks.

The procedure used by the College for faculty promotion will also be used for tenure. If tenure is not recommended by the College Dean, the faculty member will be notified in writing and the results of such consideration will be discussed with the faculty member, and the faculty member may be afforded the opportunity to withdraw his or her application.

Prior to the beginning of the last year (i.e. seventh year) of the probationary period, the faculty member who has not received notice of a decision relating to receipt of tenure should make a written request for such a decision from the Provost, and the Provost should respond within 30 days. If the decision is not to award tenure, the faculty member is entitled to serve for one additional contract year following the term or semester in which the notice is received.

B. College Policy on Tenure

By a majority vote of its faculty, each College must establish a written policy regarding the criteria for recommending tenure. The policy must include a provision for faculty consultation in the decision process and must clearly stipulate the documents and forms of evidence to be used in the process. The College will make this policy available to all tenure-track faculty. The College policy must be filed with the Faculty Senate. The College policy shall be approved by the Provost, who shall certify compliance with university standards. The policies are subject to review by the College Faculty and the Faculty Senate every two years.

The College policy on tenure must include the following:

1. A statement regarding certification by the College of a faculty member's eligibility for tenure consideration.

2. Guidelines for the selection of a faculty committee to review documentation offered by the candidate.

3. A statement naming all administrative personnel who are to take part in the tenure decision.

4. A statement of responsibilities of the committee and college administrative personnel in making the final recommendation.

6. The following statement concerning the role of the Dean:

The Office of the Dean is responsible for maintaining the faculty member's personnel file and providing access to that file to the faculty tenure committees and other administrative personnel with a role in the tenure review process. The faculty member under consideration has a right to see and comment, in writing, on all items in the file that are provided to those involved in the tenure review process. The Dean is responsible for independently assessing the tenure candidate's record of performance and for reviewing the tenure recommendations of the faculty tenure committees and of any subordinate administrative personnel to whom College policy delegates a role in the tenure process.

In evaluating faculty for tenure, the College must assess, in addition to faculty responsibilities, the following five areas: academic preparation and experience, teaching, service, and scholarship. The College must clearly establish criteria for each area and must stipulate the types of evidence to be used for judging the candidate's performance in each. The criteria must be appropriate to the various disciplines within the College. If interviews are a part of the process, the protocol for conducting interviews must be described. In addition, the consistently sustained performance of faculty responsibilities is requisite for tenure.

C. Appeals Procedure

At the conclusion of the tenure process, the faculty member who is not granted tenure but still feels deserving, shall inform the Provost in writing of his or her desire to appeal the decision to not grant tenure. An appeals committee will be constituted of six tenured faculty, two to be appointed by the Provost and two to be appointed by the Faculty Senate and two selected by the appellant. This committee will investigate the matter and make a final written recommendation to the Provost, who after making his or her determination forwards the results of his or her assessment to the University President.

D. Granting of Tenure

The official decision regarding the granting of tenure by the Board of Regents will be conveyed in writing to the individual faculty member as soon as possible after the Regents have voted to confer tenure. This communication will normally be provided by the President. In the same manner, a decision of non-reappointment will be provided to the faculty member as soon as the decision has been reached. This communication will be provided by the Department Chair and may bear also the signature of other appropriate administrators. The formal notification of non-reappointment will be a simple statement to that effect and will not include any of the reasons for that decision.

2.9 University Promotion, Tenure and Retention Committee

A University committee shall be established to review promotion and tenure applications and make a recommendation to the Provost. This committee shall consist of two representatives from each College, two representatives of the Library, and two at large representatives appointed by the Provost. The Faculty Senate Committee on Creation, Composition and Responsibilities of Committees will solicit a slate of candidates from each College. The Faculty Senate Committee on Creation, Composition and Responsibilities of Committees will prepare a ballot for election of this committee and supervise the election. Staggered terms will be established for two year periods. The committee shall be presided over by the Provost, who will hold non-voting status as the presiding officer.

To be eligible for election to this Committee, the faculty member must have:

1. Full-time faculty status at the level of Associate Professor or above and tenured or on tenure-track.
2. A minimum of two years full-time faculty status at Texas A&M International University.

2.10 Terms of Appointment

Texas A&M International University, a part of The Texas A&M University System, recognizes that the faculty is the heart of any teaching institution and much care is given to the selection of each faculty member. A serious attempt is made to include a variety of geographic, cultural, and ethnic backgrounds and to represent a distribution of undergraduate and graduate colleges and universities. In compliance with Title VI of the Civil Rights Act of 1964 and Executive Order of 11246, Texas A&M International University is an Equal Opportunity Employer and no applicant or employee shall be discriminated against on the basis of race, color, religion, sex, national origin, age, or handicapped status. This University will not enter knowingly into any contractual agreement for services or supplies with any firm failing to follow fair employment practices.

2.11 Contract Form

The University shall provide all faculty members with an annual statement in writing of the terms of their employment, including special conditions, responsibilities and any special prerequisites. Such a document should cover such items as rank, salary, tenure provisions, whether the position is full-time or part-time, and the inclusive dates of service. When the document includes a reference to a specific rule of the institution, the rule should be excerpted from its source and affixed to the document. If the document refers to a large part of a lengthy publication (e.g., TAMIU Faculty Handbook or TAMUS Policy Manual) a copy of the publication should be placed in several readily accessible locations or be provided to the faculty member. (TAMUS Policy 12.01 Section 6).

2.12 Search, Appointment, and Orientation of New Faculty

A. Search Procedures

The faculty search procedures employed by Texas A&M International University will strive to recruit the most qualified faculty members without discrimination or violation of appropriate equal opportunity policies. Typically, faculty positions will be advertised in recognized national publications; a College or Departmental committee will screen the pool of applicants, and some potential candidates may be invited to campus for the purpose of interviewing with the appropriate entities within the University. Search policies are available from the Office of Human Resources.

B. Equal Opportunity/Affirmative Action

Texas A&M International University shall provide equal opportunity for employment to all persons regardless of race, color, religion, sex, national origin, disability, age, or veteran status, and shall strive to achieve full and equal employment opportunities for faculty and staff employees. (TAMUS Policy 33.02).

C. Application for Employment

Applications for teaching positions are normally submitted to the Dean of the College wherein the position exists. Normally applications are accompanied by a complete curriculum vita. Appropriate transcripts are required, and letters of recommendation may be required.

D. Appointment Procedures

Potential new faculty will be notified by an academic administrator of the University's offer to appoint the faculty member to the faculty. The notification will include all terms and conditions of employment as well as an acceptance dead-line.

E. Orientations

New faculty members will receive an orientation from University Administration and/or Human Resources concerning university policies, employment benefits, rights, privileges, responsibilities, and restrictions.

New faculty members will receive an academic orientation from senior faculty and/or academic unit administrators assigned to the academic unit wherein the new faculty has been assigned. Insofar as resources permit, new faculty members (especially faculty members in their first tenure track appointment) may expect to be assigned to a senior faculty mentor.

2.13 Pre-employment

A. Employee's affidavit

Each faculty member is required to sign an Employee's Affidavit prior to the beginning of employment. This affidavit consists of an oath of office, a statement concerning holding of more than one office or position, a statement regarding nepotism and certification of receipt of certain State laws relating to accountability and responsibility for State owned property, legislative influence, political aid, and use of State owned automobiles.

B. Faculty Handbook

During orientation the new faculty member will be given the current version of the TAMIU Faculty Handbook which is the basis for the employment contract of all faculty. Acceptance of the employment contract is an explicit acceptance of the terms and conditions of employment described in the TAMIU Faculty Handbook.

2.14 Personnel Records

Personnel records on employees are maintained in the President's Office, the Office of the Provost, the Office of the Dean of the Colleges, and the Office of Human Resources. It is important to keep these records updated when significant changes occur in professional training or qualifications. This is accomplished by notifying the Chair of the respective Department; the Chair will in turn notify the President's Office, the Office of the Provost, the Office of the Dean of the Colleges, and the Office of Human Resources.

A. Official File

The "official file" for each faculty member is maintained in the Office of the Provost. Records of all salary data, elections, deductions, etc. are maintained by the Human Resources Office.

B. Grievance File

If a faculty member is a party to a grievance, the records of that proceeding with become a part of the "official file".

2.15 Faculty Performance Review & Evaluation

Subsequent to the award of tenure, the performance review of a faculty member provides a mechanism to gauge the productivity of the individual and should be designed to encourage a high level of sustained performance. (TAMUS Policy 12.06, Section 1). As a result of the evaluation, the non-tenured faculty member should have an understanding of his or her progress toward tenure.

Post-tenure evaluations are made on the basis of typical criteria and factors developed by each academic unit as the basis for the recommendation of the awarding of tenure, and not all departments will use the same weighting of factors. The evaluations are designed to encourage a continued high level of sustained performance and quality of programs.

Formal evaluation is the responsibility of Department Chairs and will be conducted by them. Each year an evaluative conference will be held by the Department Chair with each faculty member of the department following the dates of Student Evaluations of teaching performance. The criteria for promotion (as listed in the section concerning academic rank) will be used as the basis of evaluation. If the evaluation reveals weaknesses or deficiencies in the faculty member's performance, the Department Chairs will outline corrective measures (e.g. updating or modifying course syllabi, or reviewing techniques of presentation, or revising scholarly or service activities).

It is the policy of the University to review carefully all individuals during their first and second years of service at Texas A&M International University. A general evaluation of these reviews shall be communicated to the individual by the Department Chair. The purpose of those reviews is to provide a candid evaluation of the individual's achievements so that both the individual and the institution may benefit by improved performance or by the encouragement to continue exemplary performance. In addition to these two reviews, there is generally a thorough review of the non-tenured faculty at about the midpoint in the probationary service for each faculty member. These reviews are intended to indicate to the individual the general degree of successful development which the faculty member has attained. In addition, these reviews are intended to strengthen the accomplishments of all non-tenured faculty members and to provide them with a preliminary view of the possible result of a tenure decision.

It is the policy of the University to review all individuals in regard to tenure in the next-to-last (typically the sixth) year of their probationary service. Similarly, it is the policy of the University to make this review whether the individual requests such a review or not. It is prudent, however, for each faculty member serving in the next-to-last year of probationary service to call to the attention of her/his Department Chair the fact that the year for a tenure decision has been reached. This communication must be made in writing.

2.16 Post-tenure Review

A. Frequency of Review

As professional educators, the Faculty of Texas A&M International University seek to systematically provide the highest quality of education possible to the students of this University. As a matter of principle systems tend to perform at a sub-optimal level if they do not incorporate some feedback mechanism(s); the post-tenure review process is a feedback mechanism not designed to be either punitive or personal. As described in the evaluation, promotion and tenure sections of this Faculty Handbook (Sections 2.5 - 2.8), in the third year following the award of tenure, and at least every third year thereafter, a faculty member's professional performance will be reviewed by the faculty member's peers.

B. College Post-tenure Review Procedures

Individual Colleges' procedures for post-tenure review are included in Appendix D. When a College develops new procedures and/or modifies existing procedures, these changes will be forwarded to the Faculty Senate for review and inclusion in the Faculty Handbook.

C. Grievance Procedure

The faculty member who has been reviewed and disagrees with the findings of the review committee may file a formal appeal by following the guidelines established in the grievance procedures described in the Faculty Handbook.

D. Unsatisfactory Evaluation

Repeated unsatisfactory evaluations, as defined by the Colleges' procedures, may be defined as "continuing or repeated substantial neglect of professional responsibilities", which is defined as adequate cause for dismissal of tenured or tenure-track faculty. (TAMUS Policy 12.01, Section 4.3, Subsection (3)).

E. Dismissal Appeal Procedure

In cases of dismissal of tenured faculty members or non-tenured faculty members during the term of contract, Texas A&M International University provides an appeal procedure consistent with the provisions in the System policy. (TAMUS Policy 12.06).

2.17 Phasing Out of Programs or Financial Exigencies

A. Notice

The phasing out of institutional programs or financial exigencies which cause a reduction of faculty may require exceptions to the normal tenure policy. In these cases, the faculty involved in the reduction will be given every advanced notice possible and every effort will be made by the University to place the affected faculty in other available positions in the University's employment for which they are qualified. (TAMUS Policy 12.01, Section 7.2).

B. Hearings

Faculty members whose appointments are to be terminated as a result of phasing out of institutional programs or financial exigencies which cause a reduction of faculty will be entitled to a hearing before an appropriate faculty committee. The hearing shall include the following procedures: (TAMUS Policy 12.01, Section 7.3.4)

1. the faculty member will be furnished with adequate written statements of the basis for the initial decision to lay off;

2. the faculty member will be furnished with a reasonably adequate description of the manner in which the initial decision was made;

3. the faculty member will be provided with adequate disclosure of all information and data upon which the decision-makers have relied;

4. the faculty member will be provided with adequate opportunity to respond.

In a hearing the burden of proof rests with the faculty member to establish by a preponderance of the evidence that his or her termination was based upon an illegal reason, or was arbitrary or unreasonable. Also, any faculty member involved in such a readjustment process has the right to reappointment to his or her previous position if it is re-established within two calendar years. (TAMUS Policy 12.01, Section 7.3.5).

C. Individual's Value to Program

A person's value to a department will be the prime consideration in a staff reduction. Tenured faculty will have retention preference over non-tenured faculty unless the termination of a program would result from the loss of the non-tenured member. In the latter situation, if deemed feasible by the Department Chair involved, a tenured person may be given an opportunity to become competent in an area essential to a program and thus regain priority. In situations where all other factors are equal, decisions will be based on merit, rank and then length of service.

2.18 Non-reappointment

Notice of non-reappointment, or of intention not to reappoint a tenure-track faculty member, shall be given in writing in accord with the following standards:

A. Not later than March 1 of the first academic year of probationary service, if the appointment expires at the end of the academic year; or, if a one-year appointment terminates during an academic year, at least three months in advance of its termination;

B. Not later than December 15 of the second year of probationary service, if the appointment expires at the end of that academic year; or if an initial two-year appointment terminates during an academic year, at least six months in advance of its termination;

C. At least twelve months before the expiration of a probationary appointment after two or more years in the institution.

Good cause for dismissal of a faculty member with tenure will relate directly and substantially to the performance of professional duties, and may include, but shall not be limited to: (TAMUS Policy 12.01, Section 4.3)

A. Professional incompetence;

B. Continuing or repeated failure to perform duties or meet responsibilities to the institution or to students or associate;

C. Failure to successfully complete a post tenure review professional development program;

D. Moral turpitude adversely affecting the performance of duties or the meeting of responsibilities to the University, or to students

E. Violation of System Policies, System Regulations, university or agency rules, or laws substantially related to performance of faculty duties or meeting of responsibilities to the institution, students or associates;

F. Conviction of a crime substantially related to the fitness of a faculty member to engage in teaching, research, service/outreach, and/or administration;

G. Unprofessional conduct adversely affecting to a material and substantial degree the performance of duties or the meeting of responsibilities to the University, or to students or associates;

H. Falsification of academic credentials;

I. Bona fide financial exigency or the phasing out of institutional programs requiring reduction of faculty; Bona fide financial exigency means a pressing need to reorder the nature and magnitude of financial obligations in such a way as to restore or preserve the financial stability of any component of The Texas A&M University System. A bona fide financial exigency may exist without the entire component being affected. (TAMUS Policy 12.01, Section 8.2.1) or

J. The reduction or discontinuance of institutional programs based on educational considerations and requiring the termination of faculty members.

A faculty member with tenure shall not be dismissed until she/he has received reasonable notice of the cause for dismissal and only after an opportunity for a hearing which shall meet the established procedures of due process and in which the University shall bear the burden of proving by a preponderance of the evidence good cause for dismissal.

2.19 Separation (Other)

A. Resignation

As professional educators and scholars, it is expected that a statement of resignation will be made in writing, and it will be presented to the appropriate College Dean and Department Chair with adequate notice so as not to inconvenience the student body.

B. Retirement

Employment of a formerly tenured faculty member after retirement will be on a non-tenured status. Such post-retirement employment does not accrue toward resumption of tenure status. These positions filled by retired faculty may not exceed a total of 10 percent of the FTE positions in a College. Complete retirement conditions, definitions and constraints are detailed in TAMUS Policy 31.07 and are available from the Office of Human Resources.

C. Failure to Meet Standards

All employees of the University, including faculty, are employed with the expectation that they are able to fulfill the standards of the position for which they were hired or into which they are promoted.

D. Layoff/Reduction in Force

Cases of bona fide financial exigency, or the phasing out of institutional programs requiring reduction of faculty, may permit exceptions to tenure regulations in unusual circumstances, as described in TAMUS Policy 12.01 Section 7.2.

E. Discharge for Cause - Criteria and Procedure

1. Non-renewal of Non-tenured Faculty

The procedure for non-renewal of non-tenured faculty members at the end of any term contract (other than a one-year only contract which has not been renewed) shall have the following components:

a. The University is not legally required to give a non-tenured faculty member a reason for a decision not to reappoint for another term or to provide a hearing. Generally, faculty members are entitled to see their personnel files and to obtain a copy of those files at the faculty member's expense.

b. A decision not to re-appoint a non-tenured faculty member may not be made in violation of the academic freedom of the individual or for an illegal reason. If a non-tenured faculty member makes allegations concerning the decision not to reappoint which, if proved, would establish a violation of academic freedom or the existence of an illegal reason (e.g., a decision based on race, sex, age, national origin or made in retaliation for the faculty member's exercise of protected First Amendment rights), the faculty member is entitled to the due process procedures provided in the following subsections to determine the validity of his or her allegations. It is the responsibility of the faculty member to make the administration aware of his or her allegations, in writing.

c. On request, the faculty member is entitled to a preliminary consideration by a faculty committee of his or her allegations of a violation of academic freedom or of the existence of an illegal reason for the decision not to re-appoint. If the committee determines that there is adequate evidence to support the faculty member's allegations, then the faculty member will be entitled to the due process procedure as specified in Section 2.19.E.2 (below).

2. General Due Process Procedure

Due process, as set forth in this statement embodies a course of professional proceedings in line with the rules and principles recognized in the academic community. Among these is the right of tenured and non-tenured faculty members, during the term of their contracts, to a fair hearing before a faculty hearing committee.

Due Process Procedure:
a. When a reason arises to question the fitness of a faculty member, the appropriate administrative officers should discuss the matter with the faculty member in a personal conference. The matter may be resolved by mutual consent or it may be taken up by an advisory committee.

b. The advisory committee will be appointed by the Faculty Senate. It will make such inquiry as it deems necessary, offer confidential advice to both the faculty member and administration, and attempt to affect an adjustment or resolution.

c. The Provost of the University may initiate a hearing whether or not one is recommended by the advisory committee or requested by the faculty member within 30 days of the notification of termination.

d. The Provost shall notify the faculty, in writing, within 30 days of the decision to conduct a hearing, that the hearing is to be initiated, and that there is reasonable cause to believe that the charges constitute good cause for dismissal.

e. If the faculty member desires a hearing rather than resigning or accepting termination, he or she should notify the Provost within 30 days of notification of non-renewal. The Provost and the Faculty Senate will assign a hearing committee, and notify the President that a hearing has been requested. The hearing committee should be appointed by the Provost from a panel selected by the Faculty Senate. This committee should not overlap the advisory committee.

f. Both the University and the faculty member have the right to call witness and to be represented during the hearing. The faculty hearing committee will review evidence, written and oral statements, and determine its findings. The chair of the committee shall establish the hearing procedures as appropriate.

g. The findings of the hearing committee and its recommendations will be conveyed in writing to the faculty member, the President, the Provost and other appropriate administrative officers.

h. The faculty member may appeal the decision to the President. The faculty member should submit a written appeal to the President within 20 days of the forwarding of recommendations to the President. The President will make a final decision within 20 days of the receipt of an appeal. Decisions regarding non-renewal of non-tenure track faculty members made by the President are final.

i. If the President recommends termination of the faculty member, the recommendation will be forwarded to the Chancellor according to TAMUS Policy.

2.20 Professional Standards

All personnel of Texas A&M International University shall conform in every respect to the laws of the State of Texas relative to their employment. Each employee must understand the Standards of Conduct of State Officers and Employees adopted by the Legislature of Texas (outlined below) and of the specific matters of conduct stated in the General Appropriations Act.

The following rules are cited from the Standards of Conduct of State Officers and Employees (Section 572.051 Texas Government Code):

"A state officer or employee should not:

(1) accept or solicit any gift, favor, or service that might reasonably tend to influence the office or employee in the discharge of official duties or that the officer or employee knows or should know is being offered to him with the intent to influence the officer's or employee's official conduct;

(2) accept other employment or engage in any business or professional activity that the officer or employee might reasonably expect would require or induce the officer or employee to disclose confidential information acquired by reason of the official position;

(3) accept other employment or compensation that might reasonably be expected to impair the officer's or employee's independence of judgement in the performance of the officer's or employee's official duties;

(4) make personal investments that could reasonably be expected to create a substantial conflict between the officer's or the employee's private interest and the public interest; or

(5) intentionally or knowingly solicit, accept, or agree to accept any benefit for having exercised the officer's or employee's official powers or performed the officer's or employee's official duties in favor of another."

2.21 Professional Ethics

The fundamental responsibilities of faculty members as teachers and scholars include maintenance of competence in their field of specialization and the exhibition of professional competence in the classroom, studio, or laboratory and in the public arena through activities such as discussions, lectures, consulting, publications and participation in professional organizations and meetings. (TAMUS Policy 12.01 Section 2.1).

Faculty members should be professional in their conduct in the classroom and in their relationships with students. They should maintain respect for the student and for the student's posture as a learner and should be appropriately available to students for consultation on course work. (TAMUS Policy 12.01 Section 2.5).

2.22 Sexual Harassment

The employment and educational environment of the University shall be free from all forms of sexual discrimination and sexual harassment. Conduct constituting sexual harassment is specifically prohibited and will result in appropriate sanctions. Sexual harassment, as defined in TAMUS Policy 34.01 Section 2, is a Class A misdemeanor under Texas Penal Code.

2.23 Conflicts of Interest

TAMIU employees shall not hold financial interests that are in conflict with the conscientious performance of their official duties and responsibilities. TAMIU employees shall not engage in outside employment or activities, including seeking or negotiating for employment, that conflict with official duties and responsibilities. (TAMUS Policy 07.01).

2.24 Conflicts of Interest and Outside Employment

The first priority of full-time employees, insofar as their vocation is concerned, is the accomplishment of the duties and responsibilities assigned to their position of employment with Texas A&M International University. Outside employment and consulting activities of such employees are considered as secondary activities which may be engaged in only after their duties and responsibilities to the University are fulfilled.

Full-time faculty are expected to devote their time and talents on a full-time basis to their assigned duties and responsibilities at the University. Outside employment may be authorized provided that the following conditions are met: (Section 1, TAMUS Policy 31.05)

1. it does not interfere with the regular work of the faculty member;

2. it is reasonable in amount;

3. it avoids unfair competition with private business and those in private professional practice;

4. it does not cause a conflict between the personal interests of the faculty member and the interests of the State of Texas; and,

5. it does not involve the unauthorized use of any resources (facilities, equipment, or personnel) of the Texas A&M University System or the University;

6. it is approved in advance by the appropriate TAMUS or component official, and all reports required by policy are properly filed;

7. the standards of conduct prescribed by law for state employees are observed; and

8. any research done in connection with such outside employment is conducted in an objective and scientific manner, and in accordance with the highest ethical standards of the employee's profession.

Faculty carry the prestige of the University with them in all places and at all times, and they have a responsibility to protect and preserve that prestige in all actions and utterances. Exercise of professional integrity by a faculty member includes recognition that the public may judge his or her profession and institution by statements made by the faculty member. Therefore, when speaking or acting as a private person, the faculty member should strive to be accurate, to exercise appropriate restraints, to show respect for the opinion of others, and to avoid creating the impression that he or she speaks or acts for the College or University.

Administrative approval of outside employment and consultation is necessary to protect the prestige of the institution, as well as to insure that employees meet the obligations of their positions. In order to achieve the necessary administrative review, each employment and consultation arrangement entered into by professional personnel is to be approved in advance through administrative channels. All authorizations terminate on August 31 of each year.

Outside employment by or consulting work through a firm or company in which the employee is a principal owner is also governed by this policy.

2.25 Political Activity

No employee shall expend or authorize the expenditure of funds of Texas A&M International University for the purpose of influencing the outcome of any election, or the passage or defeat of any legislative measure. The General Appropriations Act states this prohibition essentially in the following form:

1. No appropriated fund, regardless of their source or character, shall be used for influencing the outcome of any election, or the passage or defeat of any legislative measure. This prohibition, however, shall not be construed to prevent any employee from furnishing to any member of the Legislature, or to any other State official or employee or to any citizen, any information in the hands of the employee not considered under law to be confidential information. Any action taken against an employee for compliance with this provision shall subject the person initiating the action to immediate dismissal from State employment;

2. No appropriated funds shall be expended in payment of the full or partial salary of any State employee who is also the paid lobbyist of any individual, firm, association, or corporation;

3. No employees of the State shall use any State-owned automobiles except on official business of the State, and such employees are expressly prohibited from using such automobiles in connection with any political campaign or any personal or recreational activity;

4. No appropriated funds shall be paid to any employee who violates any of the provisions enumerated above.

All persons employed by Texas A&M International University are governed by the provisions of Section 2.06 © of Vernon's Texas Codes Annotated - Education Code which states:

Any teacher or instructor of any tax-supported education institution in Texas who shall be found guilty of openly advocating doctrines which seek to undermine or overthrow by force or violence the republican and democratic forms of government in the United States or which in any way seek to establish a government that does not rest upon the fundamental principle of consent of the governed, shall after a full adjudicative hearing by his employing or appointing authority be dismissed.

2.26 Outside Employment/Consulting

A faculty member, by virtue of his/her connection with the University, obligates him/herself professionally to the institution. Such an obligation includes preparing for and meeting classes, participating in committee work, and keeping adequate posted office hours. Any outside activity should be consistent with this responsibility.

Appropriate outside activity for a faculty member which enhances his performance of duties in the teaching staff is encouraged as furthering the interest of both the individual and the University. Consulting, professional performance and other appropriate outside activities can contribute to the effectiveness of the faculty member as a teacher and as a productive scholar, and can meet the institution's obligations of public service.

A faculty member desiring to engage in outside activity relevant as described above, whether paid or not, shall, previous to making a firm commitment in this matter, submit a "Plan for Continuing Outside Activity." Unless advised to the contrary in writing, the faculty member may consider the plan operative. If a faculty member intends to receive credit on the Professional Performance Profile for a continuing activity, he/she must have submitted the appropriate "Plan."

It is presumed that the professor's presence at assigned classes and at posted office hours is of considerable importance to the University and the students; any serious failure to meet these obligations will adversely affect the performance legitimately expected of a full-time faculty member. As a practical guideline in this matter, however, it is presumed that such additional responsibilities may be approved if the professor's absence from a regular class meeting during a given semester for the purpose of outside public activity (but for which adequate alternative plans are made) does not exceed the number of times that class is scheduled to meet in a week of that semester. Exceptions to this rule may be made by the Provost.

Faculty members should consider that outside public activity in excess of an average 1/4 time load may adversely affect professional performance.

2.27 Extramural Utterances

Each faculty member is entitled to full freedom in the classroom in discussing the subject which he or she teaches but is expected not to introduce controversial matters which have no relation to the classroom subject. Each faculty member is also a citizen of the nation, state and community; and when speaking, writing, or acting as such, must be free from institutional censorship or discipline, subject to academic responsibility. In such instances, the faculty member must make it clear that he or she is not speaking for the College or University. (TAMUS Policy 12.01.1.2).

2.28 Sabbatical Leave - Leaves of Absence

Faculty on leave will be given the same consideration as faculty on campus with regard to salary, tenure, seniority and all other rights and privileges, except as explicitly exempted in the terms of the request for leave and the approval of the leave.

A. Study

1. Without Pay. Upon recommendation and approval of the Dean, Provost and President and submission to the Chancellor for approval by the TAMUS Board of Regents, a leave of absence without pay for travel or study may be granted to a teaching member of the faculty who has been employed for at least three years. A leave will not be granted for longer than 12 months at one time, but an extension for additional time may be granted if conditions warrant and permit it.

2. With Pay. A qualified faculty member may be recommended by the Dean, the Provost and the President to the Chancellor for approval by the TAMUS Board of Regents to be granted a "Development Leave" for one semester at a full salary or nine months at one-half salary to undertake a particular project or study plan for potential benefit to the University and to the faculty member as well. This "Development Leave" may be granted only when funds have been appropriated for such purpose by the State Legislature or when such funds become available by grants or gifts from sources other than State appropriated funds. A sabbatical leave with pay may be requested only after the faculty member has completed five years of full time service to the University.

B. Other Leaves of Absence

Information concerning, but not limited to, vacation leave, sick leave, emergency leave, parental leave, family and medical leave, and military leave is available from the University's Department of Human Resources.

If a faculty member is to be absent from normal duties, he or she is expected to prepare a Faculty Leave Request and submit it to his or her Department Chair or Dean prior to the absence, or as soon thereafter as is reasonable.

2.29 Procedures and Requirements For Annual Faculty Awards

The Annual Faculty Awards are an attempt on the part of the faculty to recognize outstanding professionalism among its peers. The faculty recognize that exceptional professionalism is measured by different criteria in different disciplines; however, it is the opinion of the faculty that it is extremely important that, regardless of how it is measured, professionalism be recognized. These Awards provide a public recognition for quality, as defined by colleagues, peers and fellow professors.

Annually a circular Medallion, attached to an appropriate ribbon, is presented by the Provost, prior to (or during) Spring Graduation, to the selected faculty member. The Medallion will be appropriate for, and should be worn as part of the recipient's academic regalia. The Medallion should be inscribed "University Scholar, [year]". It is to be presented publicly, and worn henceforth as part of the professor's regalia. Special parking and a small stipend may also be included.

Each College, during the Fall Semester, will recognize one of its faculty as the College's nominee. The Dean of each College will be responsible for identifying the candidate from each College. It is suggested that a standing College Committee (such as Promotion and Tenure) be used to evaluate potential candidates dossiers. The evaluation should review the candidate's teaching, scholarship and service, and it should include both student and peer evaluations (e.g., letters of nomination, recommendation, student evaluation comments). The only limitation to eligibility will be that a faculty member must not be in her/his first year of employment.

A. Procedure

The list of College nominees will be submitted to the Faculty Senate. The nominee from each College will receive a wall plaque, presented at the January Senate Meeting.

The Senate will recommend to the Provost a Selection Committee representative of all Colleges, and ask the Provost to chair said committee.

The committee will secretly determine from the nominees from each College which Faculty Member should receive the Annual "University Scholar" Award. The decision should be based upon recommendations, teaching, scholarship, and service, and the decision announced in conjunction with Spring Graduation.

Once recognized as University Scholar, a faculty member would become a permanent member of the Selection Committee, and will not be eligible for consideration for another award for a period of seven years.

>2.30 Faculty Workload

"It is recognized that the nature of a full-time teaching load will vary from institution to institution (and between departments in the same institution) because of differences in the nature of instructional programs, the stages of development of the institutions, the natures of student bodies, and other factors. In all institutions, faculty members are expected to engage in those commonly accepted duties which will enhance the teaching/learning process and the quality of the institution's programs. Recognized duties include classroom teaching, scholarly study, basic and applied research, professional development, student advising and counseling, course and curriculum development, continuing education, public service, assistance in the administration of the academic program, and similar academic activities." (TAMUS Policy 12.03 Section 1.2).

>A. Academic

While its primary focus is upon teaching, Texas A&M International University recognizes that excellent instruction, in turn, requires the systematic development of knowledge and theory through organized research. Teaching and research support a responsibility to share knowledge and professional practice through regular public service activities of faculty and staff. The University therefore functions as an educational, scientific, and cultural center for the area, serving the community through the three-fold mission of teaching, scholarship, and service.

Texas A&M International University achieves quality education through excellent teaching, student access to faculty, careful student advising, and opportunities for individual student assistance. The University strives to maintain relatively small classes and facilitates the involvement of all faculty members in undergraduate instruction. The University faculty, in addition to being responsible for student mastery of individual course content, instructs students in critical thinking and in the communication of reasoned decisions, both of which are requisite for personal and professional development and for responsible citizenship.

"Although each institution may establish standards for teaching loads to meet the instructional obligations of the institution and its students, to operate efficiently within the range of resources available to the institution, and to comply with the faculty workload guidelines and standard reports issued by the Texas Higher Education Coordinating Board, the following minimum teaching workload standards will apply:" (TAMUS Policy 12.03 Section 3).

1. "A minimum teaching load for undergraduate courses shall be nine semester credit hours of normal classroom teaching; a minimum teaching load for graduate courses shall be six semester credit hours of normal classroom teaching. Participation in the teaching of undergraduate students by senior faculty is strongly encouraged." (TAMUS Policy 12.03 Section 3.1).

2. "Adjustments to these amounts of normal classroom teaching may be made to account for large class sizes; duplicate sections taught; laboratory, seminar, lecture, clinical, or field-type courses; availability of support services; situations where both graduate and undergraduate work are involved; courses which involve individualized instruction; and overload from previous long semesters." (TAMUS Policy 12.03 Section 3.2).

3. "The President of each university of the System will prepare, in consultation with the faculty, a faculty workload policy for that institution. The policy shall establish the faculty workload standards, provide guidelines for adjustments of workloads reflecting different kinds of instruction, and provide a schedule for awarding equivalent teaching load credit for the assignment of other academic duties." (TAMUS Policy 12.03 Section 4.1).

4. Due to the evolving nature of programs at Texas A&M International University, the workload standard for faculty members is 12 semester credit hours (SCH) per long semester. The University's policy is that each faculty member will have a 12 SCH teaching load, and deviations from this policy must be approved on an individual basis by the Provost and/or the faculty member's Dean.

5. On occasion, for the benefit of students, the faculty member's Department, College or the University, assignments other than classroom/laboratory teaching may replace normal teaching assignments. These replacement assignments are commonly called "releases" or "release time", referring to a "release from teaching duty." Not every faculty member will receive, or be entitled to receive release time. The granting of release time is subject to individual negotiations between the faculty member and the Provost and/or the faculty member's Dean and/or Department Chair. It is not the policy of TAMIU to grant release time to any faculty based upon any equivalencies or equivalency model other than those negotiated on an individual basis. Historically, release time has been granted to some faculty for certain recognizable and definable assignments (e.g. funded research, less-than-full-time administrative appointments); however, these releases are not automatic. Examples of some of these equivalent assignments may be found in Appendix E, "An Ideal Model for Faculty Workload Equivalent Units".

B. Committees

It is an accepted responsibility of all members of a university community to provide service to this community by providing their contributions to various committees, both standing and ad hoc, within the University. A committee is defined as any group of two or more faculty, staff and/or administrators who meet for the purpose of accomplishing a defined goal or set of goals, regardless of the name given to the group (e.g., task force, council, work group, etc.) It is a duty of the Faculty Senate (hereafter, in this section, the Senate) to ensure, as much as possible, that this service is distributed equitably and that service for the greater good does not overly burden any individual member(s) of the University community.

1. Faculty Senate Committees,

whose meetings are open to the public, include (four standing committees):

a. The Budget and Finance Committee.

The purpose of this committee is to monitor financial matters affecting the faculty, instructional matters, and other matters deemed within the purview of the Senate, and assist in the University budgeting process. Membership in the committee will be by appointment by the President of the Senate; composition will be five members (one Senator from each of the four Colleges and the Chair appointed from the Senate membership.)

b. The Academic Affairs Oversight Committee.

The purpose of this committee is to evaluate and make recommendations to the Senate pertaining to all matters relating to the faculty that do not fall within the purview of the other three Senate committees. Membership in the committee will be by appointment by the President of the Senate; composition will be five members (one Senator from each of the four Colleges and the Chair appointed from the Senate membership.)

c. University Ethics Committee.

This committee will consist of the Chairpersons of the four subcommittees: the University Institutional Review Board, the Animal Use and Care Committee, the Biohazardous Materials Committee, and the Professional Issues and Integrity in Education, Clinical Practice and Research Committee.

One full-time Administrative Assistant will be required to serve as the Executive Secretary of the UEC and each of the four subcommittees. This administrative staff member will work under the direction of the Chairperson of the UEC, will manage the Office of University Research, will attend all UEC and subcommittee meetings, will record and distribute all minutes from these meetings, will organize and distribute all IRB research proposals, and will interface with research librarians to keep faculty informed of available grant sources and requests for research and project proposals.

The University Ethics Committee (UEC):

This committee will be one of the four standing committees in the Faculty Senate. The Chairperson of the UEC will be the Senator who serves as the Chairperson of the IRB. Three of the UEC committee members will be the faculty members who chair the three other subcommittees. The fifth member of the UEC will be the President of the Faculty Senate, or his/her designee.

The Institutional Review Board (IRB):

The IRB is a major subcommittee of the UEC, and is comprised of members of diverse academic backgrounds to promote complete and adequate review of research activities. The IRB has the professional competence necessary to review educational, clinical practice, and research activities to assure the protection of human subjects. The IRB exists in response to a requirement by the Federal Department of Health and Human Services, as mandated in the Uniform Federal Policy for the Protection of Human Subjects, that all research involving human subjects be reviewed and approved by the IRB regardless of funding sources. The Chairperson and the seven members of the IRB are appointed by the President of the Faculty Senate with the approval of the Senate. The Chairperson of the IRB, who is also the Chairperson of the University Ethics Committee, is a member of the Faculty Senate. One faculty member from each school or college will be appointed to serve as voting members of the IRB. One administrator from the Division of Student Affairs will be appointed to serve as a voting member of the IRB. The eighth member of the IRB will be a community member not employed by TAMIU who is knowledgeable about research involving human subjects.

The Animal Care and Use Committee (ACUC):

The ACUC is a major subcommittee of the UEC, and is comprised of members of diverse academic backgrounds to promote complete and adequate review of animal care and use in education and research. The Chairperson of the ACUC, who also serves as a member of the UEC, will be a faculty member from the College of Science and Technology, who is appointed by the President of the Faculty Senate with the approval of the Senate. In addition to the Chairperson, membership on the ACUC, subject to Senate approval, will consist of one faculty member representing each of the following disciplines: environmental science, nursing, psychology, biology, and ethics. The seventh member of the UEC will be a licensed Veterinarian from the community who is not employed by TAMIU and who is knowledgeable about research involving animal subjects. The Dean of the College of Science and Technology, or his/her designee, will serve as an ex officio member of the ACUC.

The University Biohazardous Materials Committee (UBMC):

The UBMC is a subcommittee of the UEC, and is comprised of members of the faculty, administration, and support staff. The Chairperson of the UBMC, who also serves as a member of the UEC, will be a faculty member from the College of Science and Technology, who is appointed by the President of the Faculty Senate with the approval of the Senate. The Chairperson will designate one committee member to serve as liaison to the Campus Safety Committee and Campus Facilities Committee. In addition to the Chairperson, membership on the UBMC, subject to Senate approval, will consist of one faculty member representing the discipline of chemistry, one faculty member representing the discipline of biology, one faculty member representing the discipline of art, the Director of the Student Health Center (or his/her designee), the Director of the University Physical Plant (or his/her designee), the Director of University Housekeeping (or his/her designee), and the Director of Purchasing and Support Services (or his/her designee). The President of the University, or his/her designee, will serve as an ex officio member of the UBMC.

The Professional Issues and Integrity in Education, Clinical Practice, and Research Committee (PIRC):

The PIRC is a subcommittee of the UEC, and is comprised of members of the faculty, administration, student body, and community. The Chairperson of the PIRC, who also serves as a member of the UEC, will be a faculty member from the College of Arts and Humanities, who is appointed by the President of the Faculty Senate with the approval of the Senate. In addition to the Chairperson, membership on the PIRC, subject to Senate approval, will consist of one faculty member from the College of Business Administration, one faculty member from the College of Education, one faculty member from the College of Science and Technology, the Director of Institutional Effectiveness (or his/her designee), a student representing the TAMIU Student Body, and a representative from the Laredo Community College. The Provost/Vice-President for Academic Affairs, or his/her designee, will serve as an ex officio member of the PIRC.

d. The Committee on Creation, Composition and Responsibilities of Committees.

The purpose of this committee is to make recommendations to the Senate concerning the management of University committees and to provide guidance to the Colleges with regard to the composition of College and department level committees. Membership in this committee will be by appointment by the President of the Senate; composition will be five members (one Senator from each of the four Colleges and the Chair appointed from the Senate membership.)

2. University Committees

At the University level, there will be various standing committees as deemed necessary by the administration and faculty to ensure the accomplishment of the mission of the University. Additionally, ad hoc committees may, from time to time, be appointed as needed and as approved by the Faculty Senate. The exact number of these committees will change over time. The control and administration of these committees is the responsibility of the Faculty Senate; by concurrence it is meant that the Senate shall ensure that committee assignments are apportioned equitably and that no individual is assigned to an inordinate number of committees. Beginning with the 1996-1997 academic year, standing committees include the following:

a. The University Committee on Admission Standards and Exceptions.

Membership in this committee will be by appointment by the Deans of each College, with the members being submitted through the Provost to the Faculty Senate for concurrence; composition will be two college representatives from the academic College selected by each College, the University Registrar, the Director of Admissions, Director of Financial Aid, and the Director of the Academic Enrichment Center, and the Dean of Student Affairs as Chair. Faculty appointments to this committee will be for staggered terms of two years.

b. The University Curriculum Committee.

Membership in this committee will be by appointment by the Deans of each College, with the members being submitted through the Provost to the Faculty Senate for concurrence; composition will be one representative per academic department, and the University Registrar, with the Chair appointed by the Provost from the faculty committee membership.

c. The Computer Services Users Advisory Committee.

Membership in this committee will be by appointment by the Deans of each College and the heads of administrative divisions, with the members being submitted through the Provost to the Faculty Senate for concurrence; composition will be one representative per academic department and one representative per administrative division, with the Chair appointed by the Provost from the committee membership.

d. The University Library Committee.

Membership in this committee will be by appointment by the Deans of each College, with the members being submitted through the Provost to the Faculty Senate for concurrence; composition will be one representative per Academic Department with the Director of the Library or his/her designate as an ex-officio member. The Chair is appointed by the Provost from the committee membership.

e. The University Safety Committee.

Membership in this committee will be by appointment by the Deans of each College and heads of administrative divisions, with the members being submitted through the Provost to the Faculty Senate for concurrence; composition will be one representative per academic department and one representative per administrative division, with the Chair appointed by the Provost from the committee membership.

f. The University Promotion, Tenure and Retention Committee.

Membership in this committee will consist of two representatives from each College, two representatives of the Library, and two at large representatives appointed by the Provost. The Faculty Senate Committee on Creation, Composition and Responsibilities of Committees will solicit a slate of candidates from each College. The Faculty Senate Committee on Creation, Composition and Responsibilities of Committees will prepare a ballot for election of this committee and supervise the election. Staggered terms will be established for two year periods. The committee shall be presided over by the Provost, who will hold non-voting status as the presiding officer.

g. The University Grievance Committee.

Membership in this committee will be by appointment by the Deans of each College and the Provost, with the members being submitted through the Provost to the Faculty Senate for concurrence; composition will be 1 tenured representative per College and 2 at-large representatives appointed by the Provost, with the Chair appointed by the Provost from the committee membership.

3. Committee Assignment Policy

While both the composition and general standards will be set by the Senate with regard to University committees, only standards will be promulgated to the Colleges pertaining to committees at the College and department level. The intent is to provide equality in the area of committee assignments for members of the faculty. In that regard, the following guidelines are established pertaining to committee service by faculty and the functioning of committees at all levels within the University.

a. No person shall chair a committee, when the purpose of that committee is to provide advice or oversight to a department or function that is under the direct control of that person.

b. No person shall serve on more than a total of three committees at any given time, regardless of the level (i.e., Texas A&M System, University, College or department), without the express consent of both the Provost and the Faculty Senate. This applies to both standing and ad hoc committees.

c. No person shall serve on more than one University committee at any given time. This applies to both standing and ad hoc committees.

d. Service as a member of the Faculty Senate and its standing committees does constitute participation in a University committee when determining compliance with these guidelines.

e. At the beginning of each academic year, a listing of all committees, to include membership of each, will be provided by the Dean of each College to the Provost, who will then provide a copy to the Faculty Senate. This will be accomplished not later than September 15th of each academic year. The Faculty Senate will be responsible for reviewing committee assignments at all levels to ensure compliance with the guidelines established herein.

f. In the event, that a faculty member is inadvertently assigned to more than three (3) committees outside of the Senate, the Chair of the Senate Committee on Creation, Composition and Responsibilities of Committees will notify the Provost immediately upon discovery. The Provost and/or the Senate will seek a qualified and available faculty member to replace the faculty member previously identified.

C. Scholarly Activity

The University further accepts the fundamental obligation to maintain a faculty that is professionally creative and productive. Faculty members are encouraged and rewarded for a sustained professional growth achieved through creative investigation and the publication of their research. TAMUS research policies, restrictions and constraints are outlined in TAMUS Policy 15.01.

D. Student Advising

Each full-time faculty member is expected to advise and council a designated group of students concerning academic course requirements, as well as personal matters related to their overall educational experiences. The faculty member's basic responsibilities are to assist assigned graduate and/or undergraduate advisees in enrolling in appropriate courses as specified by individual degree plans provided by the Office of Admissions and Advisement, and to monitor each student's total course load with respect to degree of difficulty and the student's non-academic responsibilities, e.g. full-time work or familial responsibilities.

E. Office Hours

Each faculty member is expected to establish, post and maintain a reasonable number of office hours. The determination of the number of office hours will be made in consultation with the faculty member's Department Chair. The following constraints should be considered:

1. No faculty member will be allowed to not have office hours,
2. Office hours will be scheduled for the convenience of students,
3. Office hours must be posted outside the faculty member's office, and recorded with the Department Chair.
4. All faculty members, regardless of their assignments, are expected to maintain an absolute minimum of three and an absolute maximum of forty office hours per week. (TAMUS Policy 33.06).

F. Summer Teaching

Unless specifically stated otherwise, some faculty members are employed for nine months and are thus not guaranteed employment during the summer session. Nonetheless, a significant number of faculty have the opportunity to teach during the summer based on student enrollments, department and/or college needs, and budgetary considerations. When possible, all faculty will be offered the opportunity to teach one session (i.e., class) in the summer. Any additional classes would be offered to faculty based upon rank/seniority within the department. ⁴

2.31 Faculty Complaint, Grievance and Appeal Procedures

Each faculty member will have free access through proper channels to the offices of immediate and higher supervisors, Human Resources representatives, or other official alternate dispute resolution programs to discuss problems and complaints regarding the employment relationship. (TAMUS Policy 32.01.1). A faculty member of Texas A&M International University has the right under the statutes of Texas to present grievances concerning wages, hours of work, or terms and conditions of work, individually or through a representative, provided such representative does not claim the right to strike or bargain collectively. (TAMUS APRM B.4.5).

Grievances or disputes involving faculty can be categorized by the participants to the disagreement. These categories are:

Faculty - Student
Faculty - Faculty
Faculty - Administrative Service or Administration (hereafter Administrator).

It is assumed that attempts at reconciliation and/or mitigation will occur immediately and the grievance procedures will not be activated. Nevertheless, if the dispute or grievance cannot be resolved, the procedures outlined below will be followed.

The time periods given in the procedure are deliberately brief in order that grievances may be resolved swiftly and in order to preserve the grievant's right to other remedies within State and federal statutes of limitation. The time limits within the faculty-student procedures are briefest of all those described, so that students will be able to return to their studies with as little disruption as possible; however, all three parties in any given step (i.e., the grievant, the person against whom the complaint has been filed, and the mediator/mediating committee) may agree in writing to extend or shorten the deadline. If the health or well-being of one of the parties is involved, the period of time allowed for each step will be accelerated (see below). Whenever a step in the procedure is not accomplished within the given time period (or the time agreed upon by all parties), the matter will proceed immediately to the next step.

A. Faculty-Student

1. If the grievant is a faculty member, s/he will file a written complaint with the Dean of Student Affairs. If the grievant is a student, s/he will file a written complaint with the faculty member's department chair. In either case, both parties will receive a written acknowledgment of the complaint within five (5) working days.

2. The student and faculty member will meet with either the Dean of Student Affairs, if the faculty member files the complaint, or with the faculty member's department chair, if the student files the complaint. This meeting will take place within five (5) working days of the acknowledgment of the grievance.

3. If the complaint is unresolved, it will be heard within five (5) working days by a committee consisting of the faculty member's department chair, the Dean of Student Affairs (or the Dean's designate), a member of the Student Government Association, a member of the Faculty Senate, and a party selected from the peers of the non-grieving party.

4. If the complaint is unresolved by this committee it will be heard by the University Grievance Committee. Within five (5) working days, the Grievance Committee will hear appropriated evidence and witnesses. Both parties may be represented; however, the committee may define the role of the representatives as appropriate. It will write its recommendations and submit them either to the Provost, the President, or the Chancellor, as the Grievance committee deems appropriate. It will apprize the parties to the grievance of its recommendation, in writing, within five (5) working days after the hearing. Records will be maintained by the Faculty Senate for a period of not less than ten (10) years.

B. Faculty-Faculty

1. The grievant will file a written complaint with the next immediate academic superior to both parties with the following stipulations:

a. If both faculty members are members of the same department, then the complaint would go to the department chair. If the faculty members reside in different colleges, then the complaint would immediately go to the Provost.

b. If one of the faculty members is the department chair, then the complaint would go to the Dean of the College wherein the department resides.

c. If one of the faculty members is the Dean of the College, then the complaint would go to the Provost.

d. If the Provost is one of the parties to the complaint, then the complaint will be filed immediately with the University Grievance Committee, which will act as dictated by the TAMIU Faculty Handbook, paragraph 2.31 Section A.4 (cited above). In any case, both parties will receive a written acknowledgment within five (5) working days.

2. The original recipient of the complaint will have fifteen (15) working days in which to meet with the parties. If a satisfactory resolution is not found, the grievance may be appealed to the next line of authority, until it reaches the University Grievance Committee. No step may take more that fifteen (15) working days. If the health of one of the parties is at stake, then the period allotted to each step of the process will be no more than five (5) working days.

3. If the complaint reaches the University Grievance Committee, the committee will hear appropriate evidence and witnesses. Both parties may be represented; however, the committee may define the role of the representatives as appropriate. It will write its recommendations and submit them to the President or the Chancellor, as the Grievance Committee deems appropriate. It will advise the parties to the grievance of its recommendation, in writing, within five (5) working days after the hearing. Records of the hearing will be maintained by the Faculty Senate for a period of not less than ten (10) years.

4. Should either party desire to file an appeal, then the appellant must direct the appeal to the next level of authority (e.g., from department chair to Dean to Provost). If the administrator in the chain of authority is party to the grievance, then the appeal would move to the next level of authority. If the complaint reaches the Provost and either party is dissatisfied with the decision, then an appeal may be made to the University Grievance Committee.

C. Faculty-Administrator⁵

1. The grievant will file a written complaint with the University Grievance Committee, which will issue a written acknowledgment to both parties within five (5) working days.

2. Within fifteen (15) working days, the University Grievance Committee will hear appropriate evidence and witnesses. If the health of one of the parties is at stake, then the period allotted to each step of the process will be no more than five (5) working days. Both parties may be represented; however, the committee may define the role of the representatives as appropriate. It will write its recommendations and submit them to the President or the Chancellor, as the Grievance Committee deems appropriate. It will advise the parties to the grievance of its recommendation, in writing, within five (5) working days after the hearing. Records of the hearing will be maintained by the Faculty Senate for a period of not less than ten (10) years.

3. Should either party desire to file an appeal, then the appellant must direct the appeal to the next level of authority (e.g., from department chair to Dean to Provost). If the administrator in the chain of authority is party to the grievance, then the appeal would move to the next level of authority. If the complaint reaches the Provost and either party is dissatisfied with the decision, then an appeal may be made to the University Grievance Committee.

2.32 Other Issues

A. Research Policies

TAMUS research policies, restrictions and constraints are outlined in TAMUS Policy 15.01.

"Copyright is the ownership and control of the intellectual property in original works of authorship that is subject to copyright law. Copyright ownership and the rights thereof are defined by Federal law. It is the policy of the Texas A&M University System that all rights in copyright shall remain with the creator of the work unless the work is supported by a direct allocation of funds ... for the pursuit of a specific project, is commissioned by the System ... or otherwise subject to contractual or legal obligations, or is a `work made for hire' as that term is defined in the Copyright Law." (TAMUS Policy 17.02.02).

C. Human Subjects Policy

All research projects involving human subjects, conducted by Texas A& M International University (TAMIU) faculty or students, or using members of the TAMIU Community as subjects, must be approved by the University's Institutional Review Board (IRB).

The IRB meets at least twice per semester to write and review policy and procedures, and to review and act upon research protocols. Additionally, the IRB will schedule a meeting within two weeks of receiving a completed research proposal. The IRB has the responsibility to review and the authority to approve, require modification in, or disapprove all activities or research involving human subjects. As written by the IRB, and approved by the Faculty Senate and the University Faculty, the University's policy for research involving human subjects complies with the Uniform Federal Policy for the Protection of Human Subjects (Federal Register, June 18, 1991 & August 19, 1991), copies of which may be obtained from the Secretary of the Faculty Senate or the Chairperson of the IRB.

Research investigators and department heads are responsible for ensuring that all research involving human subjects is submitted to the IRB for review. Any questions involving University policies, guidelines, exemptions, forms, review procedures, and/or requirements should be directed to the Chairperson of the IRB.

D. Hazardous Waste

The Texas Hazard Communication Act of 1985, Texas Civil Statutes, Article 5182b requires that Texas A&M International University provide faculty with certain specific information concerning the use and disposal of hazardous materials. For a complete description of the statute and its implications see TAMUS Policy 34.04.02.

E. Offices and Equipment

No faculty member shall entrust state property to any state official or employee or to anyone else to be used for other than state purposes.

F. Scientific Misconduct

TAMUS research policies, restrictions and constraints are outlined in TAMUS Policy 15.01.

G. Animal Research

TAMUS research policies, restrictions and constraints are outlined in TAMUS Policy 15.01.

H. Inventions and Creations

The University policy concerning inventions, creations, patents, etc. will be the same as the policy concerning copyrights. The ownership rests with the creator, unless the creation is commissioned by the University.

I. Drug-Free Workplace

The University seeks to maintain work and learning environments free of the unlawful manufacture, distribution, dispensation, sale, possession, or use of illicit drugs or alcohol. Drug and alcohol abuse affects the responsible conduct of business, teaching and learning, and therefore will not be tolerated of any TAMIU employee.

J. Use of Alcoholic Beverages

Texas A&M International University considers the abuse of alcohol and/or illicit drug use by its faculty, staff and students to be unacceptable. The unlawful manufacture, distribution, dispensation, sale, possession, or use of illicit drugs or alcohol and the abuse of alcohol are strictly prohibited and will not be tolerated. Any employee found in violation of this policy shall be subject to disciplinary action, up to and including dismissal, and may be required to participate in an appropriate abuse assistance or rehabilitation program.

K. Communicable Diseases

In accordance with federal and state laws and regulations regarding health and safety, measures will be taken to protect the health and safety of students, faculty, employees and visitors to the University.

L. Family Educational Rights and Privacy Act (FERPA) of 1974

(Student Records)

The University accumulates data and keeps records to enable staff and faculty to plan educational opportunities to meet the needs of individual students, to better understand students to counsel them more effectively, and to assist to placement in graduate education or employment programs after graduation. These records should be considered confidential and the privacy of the student protected.

M. Use of Property and Equipment

No employee of the University shall use for his/her own personal benefit or pleasure any property of the University, except books from the Library and other such items of well established usage. Property and equipment of all types, either owned by the University or entrusted to the University by others, are to be used only for official business. Should there be a need to use property or equipment off campus, for official purposes, the off campus property use permit must be completed and approved. Personal telephone calls are not to be charged to official telephones.

N. Personal Leaves

1. Sick Leave

Eligible employees earn sick leave at the rate of eight hours per month or a fraction of a month's service. Part-time eligible employees earn sick leave in the same proportion as their work is to full-time employment. Sick leave may be accumulated without limit and there is no waiting period before sick leave may be taken.

A continuing employee who reduces employment to less than is necessary to qualify as an eligible employee shall earn no additional sick leave nor use any sick leave while holding the non-qualifying position.

Sick leave may be taken when sickness, injury, or pregnancy and confinement prevent the employee's performance of duty, or when the employee is needed to care for and assist a member of the employee's immediate family who is actually ill. For purposes relating to sick leave, immediate family is defined as those individuals related by kinship, adoption, marriage, or foster children who are certified by the Department of Human Services who are living in the same household.

An employee's use of sick leave for family members not residing in that employee's household is strictly limited to the time necessary to provide care and assistance to a child or parent of the employee, or parent of the employee's spouse that needs such care and assistance as a direct result of a documented medical condition.

2. Sick Leave Pool

A sick leave pool is available for all eligible employees who have exhausted their sick and vacation leave due to a catastrophic illness or injury. The pool is intended to ease the hardship caused by an illness or injury which would otherwise force the employee to lose income from the State. For purposes of this policy, a catastrophic illness or injury is a severe condition or combination of conditions affecting the mental or physical health of the employee, or the employee's immediate family, and requires the services of a licensed practitioner for a prolonged period of time. A prolonged period of time is that in excess of thirty (30) calendar days.

3. Military Leave

Leaves of absence are granted for military training and active duty. Military leave is generally unpaid. However, if you are a member of the National Guard or Reserves, you will be granted paid leave for up to 15 days each federal fiscal year for military training or duty. You are also entitled to emergency leave with pay if you are a member of a National Guard called to emergency active duty by the governor.

4. Civil Duty

Jury Duty Leave is authorized as an excused absence for full-time faculty in order to meet the institution's civic responsibilities. It is the faculty member's responsibility to notify the respective Department Chairperson and the Provost in order to make appropriate arrangements. The faculty member must submit a completed "Leave of Absence Form" and a "Jury Duty Certification Form" to the Office of the Provost to cover the leave of absence. Forms should be forwarded to the Human Resources Office. A faculty member will be granted a leave of absence with pay for jury service. A deduction shall nor be made from the salary or wages of any faculty member who is called for jury service, not shall such faculty member be required to account to the University for any fee or compensation received.

5. Emergency Leave of Absence

Emergency leave with pay will be granted to eligible employees upon request because of the death of the employee's spouse, or the employee's or spouse's child, parent, brother, sister, grandparent, or grandchild.

6. Parental Leave of Absence

Employees are entitled to a parental leave of absence, not to exceed 12 weeks, for the birth of a natural child or the adoption of a child under three years of age. This period begins with the date of birth or the first day the adoptive child is formally placed in the home. Employees may elect to use any combination of available vacation leave, compensatory time off, or leave without pay for this period.

7. Family and Medical Leave

The Family and Medical Leave Act of 1993 (FMLA) provides eligible employees up to 12 weeks of unpaid, job-protected leave each fiscal year for the following family and medical reasons:

for the care of your child immediately following birth or placement in your home for adoption or foster care;

for the care of your spouse, child or parent who has a serious health condition; or

for a serious health condition that makes you unable to perform your job.

Employees are eligible if they have at least one year of service with the State and have worked 1,250 hours for the State in the 12 calendar months immediately prior to the beginning of the leave.

All eligible paid leave must be taken before using unpaid leave and advance notice and medical certification is required prior to the commencement of leave. If medically necessary, intermittent or reduced leave may be taken.

Jobs and benefits are protected while on FMLA leave. Upon return from FMLA leave, employees are restored to the original or equivalent position with equivalent pay, benefits and other employment terms, unless the employee would not otherwise have been employed at that time.

For the duration of FMLA leave, the State will pay its contribution toward employees insurance coverage under the condition coverage would have been provided if the employee had continued working.

8. Vacation
Details of TAMIU Policy are available from the Office of Human Resources, and they will be provided to a new faculty member during his/her orientation.

2.33 Fringe Benefits

A. Mandatory

Details of TAMIU Policy and benefits are available from the Office of Human Resources, and they will be provided to a new faculty member during his/her orientation.

B. Institutional

Details of TAMIU benefits are available from the Office of Human Resources, and they will be provided to a new faculty member during his/her orientation.

2.34 Compensation Policies

A. Salary Schedule or Rationale

Details of TAMIU Policy are available from the Office of Human Resources and the Dean of the College to which the faculty member belongs, and they will be provided to a new faculty member during his/her orientation.

B. Payroll Deductions

Details of TAMIU Policy are available from the Office of Human Resources, and they will be provided to a new faculty member during his/her orientation, and the faculty member will be notified when changes occur.