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North Carolina State University (hereinafter referred to as NCSU) incorporates as part of its institutional tenure policies and regulations the principles of freedom and responsibility in the university community as set forth in section 600 of The Code of the University of North Carolina (hereinafter referred to as The Code).

NCSU incorporates as part of its institutional tenure policies and regulations the rights and responsibilities of the faculty under the principles of academic freedom as set forth in section 601 of The Code.

3.1 NCSU adopts the following provisions concerning academic tenure in compliance with the requirements of section 602 of The Code.

3.2 Permanent tenure at any rank may be conferred only by action of the president and the Board of Governors, or by such other agencies or officers as may be delegated such authority by the Board of Governors. The tenure conferred on a faculty member is held with reference to employment by NCSU and not to employment by the University of North Carolina.

3.3 General Provisions

3.3.1 Academic Tenure refers to the conditions and guarantees that apply to the employment of each member of the faculty who has permanent tenure or who is employed for a fixed term.

The purpose of tenure is to promote and protect the academic freedom of members of the faculty.

3.3.2 The general considerations upon which appointment, reappointment, promotion, and permanent tenure are to be recommended include an assessment of at least the following: demonstrated professional competence, potential for future contribution, service to the academic community, and commitment to the welfare of NCSU. Such recommendations shall be consistent with the needs and resources of NCSU.

3.3.3 Discharge, suspension, or demotion in rank by NCSU of a faculty member who has permanent tenure or a faculty member without permanent tenure whose fixed term has not expired may be based only upon incompetence, neglect of duty, or misconduct of such a nature as to indicate that the individual is unfit to serve as a member of the faculty. (See also section 4 of these policies and section 603 of The Code.)

3.3.4 Termination (as distinguished from discharge or suspension) refers to separation from employment of a faculty member who has permanent tenure or a faculty member without permanent tenure whose fixed term has not expired, for reasons of financial exigency or major curtailment or elimination of a teaching, research, or public service program. (See also section 6 of these policies and section 605 of The Code.)

3.3.5 Retirement refers to separation of a faculty member from employment because of 1) completion of an appropriate term of service, or 2) mental or physical disability. For faculty who are members of the state retirement plan such retirement shall be in accordance with North Carolina statutes and regulations. (See also section 7 of these policies and section 606 of The Code.)

3.4 Performance reviews

There shall be regular reviews of individual faculty performance conducted by academic administration with peer involvement when appropriate.

3.5 Tenure Policies for Academic Ranks

The academic ranks to which appointments may be made and the incidents of academic tenure applicable to each are:

3.5.1 Instructor

1. An instructor shall be appointed for an initial term of one year. Reappointments at the same rank shall be for a term of one year.



2. Before the end of the instructor's fourth year (excluding years of service as an instructor while an active candidate for a graduate degree), the department head or equivalent academic officer, after appropriate consultation with the tenured associate and full professors in the department according to the procedures set forth in section (5.2) of these policies, shall review the instructor's service and recommend either: 1) that the instructor be promoted no later than the end of the fifth year, or 2) that under special circumstances the instructor be appointed as a faculty member for a specified period of time with a title such as laboratory supervisor, lecturer, or demonstrator (see section 5.2 of these policies and section 604 C of The Code); or 3) that the instructor be offered a terminal appointment of one academic year (see section 604 A of The Code).

3.5.2 Assistant Professor

1. An assistant professor shall be appointed for an initial term of four years.



2. Before the end of the third year of this initial term, the department head, after appropriate consultation with the tenured associate and full professors in the department according to the procedures set forth in section (5.2) of these policies, shall review the assistant professor's service and recommend either: 1) that the assistant professor be reappointed for a second term of three years, or 2) that the assistant professor not be reappointed.



3. Before the end of the second year of the second consecutive appointment as assistant professor, the department head, after appropriate consultation with the tenured associate and full professors in the department according to the procedures set forth in section (5.2) of these policies, shall recommend either: 1) that the assistant professor be reappointed, with permanent tenure, at the same or higher rank, or 2) that the assistant professor not be reappointed.



4. The decision and notification regarding permanent tenure shall not be postponed beyond the eighth year of service following the assistant professor's first appointment whether at the rank of instructor or assistant professor (excluding years of service as an instructor while an active candidate for a graduate degree).

3.5.3 Associate Professor

1. An associate professor promoted to that rank by NCSU shall have permanent tenure.



2. An associate professor coming to that rank from outside NCSU shall be appointed for an initial term of five years. Before the end of the associate professor's fourth year of service, the department head, after appropriate consultation with the full professors in the department according to the procedures set forth in section (5.2), shall review the associate professor's service and recommend either: 1) that the associate professor be reappointed with permanent tenure at the same or higher rank, or 2) that the associate professor not be reappointed.

3.5.4 Professor. A professor shall have permanent tenure.

3.5.5 If exceptional circumstances warrant, these policies shall not preclude the promotion of an instructor, assistant professor, or associate professor or the recommendation of the conferral of permanent tenure on an assistant professor or associate professor at any time.

3.5.6 The provisions of section 3.5 shall not be rendered inapplicable to a faculty member because the additional description "research" or "extension" is added to the statement of rank.

3.6 Special Faculty Appointments and Ranks

NC State may designate special faculty appointments and ranks other than those specified in Section 3.5.  The qualifications of a person appointed to a special faculty appointment  with a rank of "librarian" or "lecturer" shall be no less than those for the rank of instructor and will be considered equivalent to the rank of instructor or above.  A special faculty appointment has  the protection of tenure only during the fixed term of service.

3.7 Appointments Supported by Non-continuing Funds

The statement of appointment, reappointment, or promotion of a faculty member to a position funded in whole or in substantial part from sources other than continuing state budget funds or permanent trust funds shall specify in writing that the continuance of the faculty member's services, whether for a specified term or for permanent tenure, shall be contingent upon the continuing availability of such funds. This contingency shall not be included in a faculty member's contract in either of the following situations:

3.7.1 In a promotion to a higher rank if, before the effective date of that promotion, the faculty member had permanent tenure and no such condition was attached to the tenure.

3.7.2 If the faculty member held permanent tenure in the institution on July 1, 1975 and his contract was not then contingent upon the continuing availability of sources other than continuing state budget or permanent trust funds.

The Federal funds provided to the North Carolina Agriculture Research Service through the Hatch Act and the McIntire-Stennis Act, and to the North Carolina Co-operative Extension Service through the Smith-Lever Act shall be considered as permanent trust funds, and faculty who are funded in whole or in substantial part from these sources shall not be subject to the contingency provisions of this section.

3.8 Academic Appointments for Federal Personnel

Personnel who are employed by the United States Department of Agriculture, the United States Forest Service, or similar Federal agencies and who are located at NCSU and work under the supervision of the university's academic administration may be granted academic rank. The criteria for appointment shall not be less than those for various academic ranks. However, these appointments carry no permanent tenure with NCSU, and these persons are not eligible for the insurance and retirement benefits available to faculty members who are employed by NCSU.

3.9 Less Than Full-Time Appointments

3.9.1 In appointments of less than 0.75 FTE, the extension of the period that precedes the decision on permanent tenure for assistant professor and associate professor 1) shall be proportional to the deviation from full-time service, 2) shall be expressly stated in the letter of appointment or reappointment from the chancellor or chancellor's designee(s), and 3) shall be agreed to in writing by the faculty member.

3.9.2 Faculty members without permanent tenure at the rank of assistant professor or associate professor but with full-time appointments may be given permission to 1) take a leave of absence, 2) take an off-campus scholarly assignment, or 3) change to a less than full-time appointment for compassionate reasons of health, or requirements of childbirth or child care, or similar compelling reasons. In each case, the faculty member shall request in writing approval of whether or not the leave, assignment, or less than full-time service shall be counted as part of the period that precedes the decision regarding permanent tenure.

A faculty member who has permanent tenure or a faculty member without permanent tenure whose fixed term has not expired may be discharged or suspended from employment or demoted in rank only for reasons of incompetence, neglect of duty, or misconduct of such a nature as to indicate that the individual is unfit to continue as a member of the faculty. These penalties may be imposed only in accordance with the procedures prescribed in section 603 of The Code.

5.1 Determination of Qualifications for Academic Rank

Qualifications for academic rank shall be determined by the chancellor upon recommendations from the Faculty Senate and the University Council.

5.2 Consultation

5.2.1 The department head shall consult with the voting faculty of the department in arriving at recommendations for: 1) initial appointment at the rank of assistant professor, associate professor, or professor; 2) reappointment, promotion, and conferral of permanent tenure for assistant and associate professors; and 3) promotion of instructor.

5.2.2 The voting faculty shall consist of all full professors in the department in cases of consideration for promotion to and appointments of full professor. In all other cases , the voting faculty shall consist of all full professors and associate professors with tenure in the department.

5.2.3 In the process of consultation, the voting faculty shall meet as a group with the department head to consider the matter, and a vote shall be taken either by secret ballot or open ballot to be decided by a majority vote of the voting faculty in the department. The results of the vote shall be transmitted to the dean or equivalent academic officer along with the recommendations of the department head. If the dean disagrees with the majority opinion of the voting faculty, the dean shall inform the department head and the voting faculty of his decision. If the dean intends to recommend appointment, reappointment, non-reappointment, promotion, or conferral of permanent tenure for an individual in opposition to the majority opinion of the voting faculty, then it shall be the obligation of the dean to meet with the voting faculty and discuss the intended recommendation.

5.2.4 The department head shall consult with at least three members of the voting faculty of the department in arriving at recommendations for an initial appointment or a reappointment at the rank of instructor and for all special faculty appointments.

5.3 Impermissible Reasons for Non-reappointment, Non-promotion, and Non-conferral of Tenure

In accordance with section 604 (B) of The Code, a decision not to reappoint, or promote, or recommend conferral of permanent tenure upon a faculty member shall not be based upon 1) the faculty member's exercise of rights guaranteed by either the First Amendment to the United States Constitution or Article I of the North Carolina Constitution; or 2) discrimination based upon the faculty member's race, sex, religion or national origin; or 3) personal malice.

5.4 Communication

5.4.1 Terms and Conditions

The terms and conditions of each faculty appointment or reappointment shall appear in a letter from the chancellor or chancellor's designee(s) to the faculty member. The letter shall state explicitly the beginning and ending dates of the appointment or reappointment.

5.4.2 Timely Notification

Notice of reappointment or non-reappointment to faculty members holding academic rank shall be in accordance with the notice requirements of section 604 (A) of The Code. Failure to give timely notice of non-reappointment will oblige the chancellor or chancellor's designee(s) thereafter to offer a terminal appointment of one academic year. Notice of non-reappointment shall be given in a letter from the chancellor or chancellor's designee(s) containing the decision not to reappoint.

The term of service for all special faculty appointments shall be set forth in any letter of appointment or reappointment. The specification of length of appointment or reappointment shall constitute full and timely notice of non-reappointment when that term expires. (See section 604 C of The Code.)

5.4.3 Resignation

A faculty member who intends to resign his/her employment has the obligation to give timely written notice of that intention to the department head in which the faculty member is appointed.

5.5 Appeals on Non-reappointment Decisions

A faculty member who is notified of a terminal appointment or a non-reappointment shall be granted, upon request, an interview with the department head to discuss the decision. The faculty member shall also, upon request, be granted a subsequent interview with the dean to discuss the decision. If the faculty member, after these interviews, concludes that the decision not to reappoint was based upon any of the grounds stated to be impermissible in section (5.4) of these policies, the faculty member has the right to have the case reviewed under the NCSU Faculty Grievance Procedures. This review shall be initiated by a petition of the faculty member to the chairman of the Faculty Senate. It shall be limited solely to determining whether the decision not to reappoint was based upon any of the grounds stated to be impermissible.

6.1 Faculty members who have permanent tenure or are appointed to a fixed term may have their employment terminated by NCSU because of 1) a demonstrable, bona fide institutional financial exigency, or 2) the major curtailment or elimination of a teaching, research, or public service program only in accordance with the provisions of section 605 of The Code and of these policies.

Financial exigency is defined as a significant decline in the financial resources of the institution that is brought about by decline in institutional enrollment or by other action or events that compel a reduction in the institution's current operating budget.

6.2 The determination of whether a condition of financial exigency exists or whether there shall be a major curtailment or elimination of a teaching, research, or public service program shall be made by the chancellor, after consulting with the faculties of the departments or other units that might be affected, the academic administrative officers, the Faculty Senate, and the Board of Trustees. In this or any subsequent consultation process, a faculty appointment may be terminated only after it is determined by the chancellor, following careful review of alternatives, that the condition of financial exigency cannot be alleviated by less drastic means.

The determination of financial exigency or a major curtailment or elimination of a teaching, research, or public service program is subject to concurrence by the president and approval by the Board of Governors.

6.3 If there must be termination of faculty appointments, the chancellor shall give consideration to tenure status, to years of service at NCSU, and to other factors deemed relevant in determining whose employment is to be terminated. The primary consideration, however, shall be the maintenance of a sound and balanced educational program that is consistent with the functions and responsibilities of NCSU.

6.4 A faculty member whose employment is to be terminated shall be notified of this fact in writing. This notice shall include a statement of the conditions requiring termination of employment, a disclosure of pertinent financial or other data upon which the termination decision was based, and a general description of the procedures followed in making that decision.

6.5 If a faculty member whose employment is to be terminated alleges that the decision to terminate was arbitrary or capricious, a committee of the NCSU Faculty Hearings Panel shall afford the faculty member a fair hearing, according to the procedures of section 603 of The Code. This hearing shall be limited to the question of whether the decision to terminate was arbitrary or capricious. The chancellor's final decision may be appealed in the manner provided for by section 501 C(4) of The Code.

6.6 NCSU, when requested by a faculty member whose employment has been terminated, shall give reasonable assistance in finding other employment. For a period of two years after the effective date of termination NCSU shall not replace the faculty member without first offering the position to the person whose employment was terminated (see section 605 B of The Code).

7.1 Retirement is the separation of a faculty member from employment because of 1) completion of an appropriate term of service, or 2) mental or physical disability.

7.2 Service

Retirement by reason of completion of an appropriate term of service shall be in accordance with the North Carolina General Statutes, Chapter 135 (G.S. Ch. 135).

7.3 Medical Disability

7.3.1 Voluntary Retirement

1. If a faculty member who is a member of Teachers' and State Employees' Retirement System or the optional retirement program (G.S. Ch. 135) applies for disability retirement and/or disability benefits, the member's retirement from NCSU shall not become effective until notification of approval has been received. If the retirement benefits are denied, the faculty member may elect to resign or continue in service. Tenure ceases on the effective date of retirement or resignation. Voluntary retirement or resignation does not prevent a department from recommending that a faculty member be rehired with permanent tenure, if appropriate, if the faculty member has recovered from a disability or no longer qualifies for disability benefits.



2. An application for disability retirement and/or disability benefits may not be used against the faculty member as evidence of, or as an admission of, medical disability in any later proceedings.

7.3.2 Involuntary Separation

If a faculty member's performance is judged to demonstrate 1) incompetence, 2) neglect of duty, or 3) misconduct of such a nature as to indicate that the individual is unfit to continue as a member of the faculty, and the faculty member claims that such performance may result from a medical disability that qualifies the faculty member for disability retirement and/or disability benefits under the Teachers and State Employees' Retirement System or the Optional Retirement System, then the faculty member may elect at any time during the discharge proceedings to resign from service with the understanding that all provisions of voluntary retirement, paragraph (7.3.1- a) above, apply. Upon the request of the faculty member, the discharge procedures of Section 603 of The Code may be suspended temporarily to allow time for the determination of qualification for disability retirement and/or disability benefits and a voluntary retirement as outlined in section 7.3.1-a.

These policies and regulations, together with the complete text of chapter six of The Code, shall be made available to all members of the faculty.