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CHAPTER V

4. FACULTY

4.1 Employment.

4.11   Board Goals for Faculty. The Board of Regents strongly desires to maintain learned faculties who, by precept and example, will instruct and inspire their students and reflect credit upon the Component. The Board encourages scholarship, creative activity, research, and public service but affirms that the primary goal of each faculty member shall be to attain a greater proficiency in teaching.

4.12   Nominations. The President of each Component shall recommend to the Chancellor and the Board the employment or re-employment of faculty members to be awarded term or annual appointments, advising in writing as to the tenure status, proposed academic rank, and highest degree of each nominee.

4.13   Appointments. All faculty appointments, including the granting of tenure, are subject to the approval of the Chancellor and the Board. At the earliest practicable Board meeting following the Governor’s approval of the State’s General Appropriations Act, the Board shall appoint the faculty and other teaching personnel to term or annual appointments for a specified period not to exceed one year, renewable annually for up to five years, contingent upon satisfactory annual performance evaluations, departmental need, and continuity of funding. The President shall advise each appointee in writing of the provisions and conditions of the appointment. If a faculty member has already been appointed by the Board for either a fall or spring semester, the contract may be extended for the summer or for additional special assignments during the same Fiscal Year by the President, unless the extension includes a change in academic rank or an increase in the base salary.

4.14   Reappointments. Written notice of a decision not to reappoint will be given to a tenure track faculty member not later than March 1st, of the first, or not later than December 15th of the second, academic year of probationary service. After two or more academic years, written notice shall be given not later than August 31st that the subsequent academic year will be the terminal year of appointment. The notice required by this Subparagraph is not applicable where termination of employment is for good cause under Subparagraph 4.5 or for faculty members who are appointed on a term basis.

4.141   Reappointment or the award of tenure shall be accomplished only upon the President’s written recommendation and the Chancellor’s and the Board of Regent’s approval. If the faculty member does not receive notice as prescribed in this Chapter, it shall be his or her duty to inquire as to the decision of the President, who shall without delay give the required notice to the faculty member. Failure of the Component to comply with the notice provisions of this Chapter shall not entitle a faculty member to de facto tenure, and these Rules and Regulations expressly prohibit the awarding of de facto tenure.

4.142   Each faculty member shall keep the President or his or her designee notified of the faculty member’s current mailing address. Written notices required by Subparagraphs 4.24 or 4.54 shall be sent by certified mail, return receipt requested. Notice shall be complete when deposited in the United States mail, addressed to the last known address given by the faculty member. The faculty member’s failure or refusal to receive the notice is immaterial.

4.15   Vacancies. A President may fill, by interim appointment, a faculty vacancy, subject to the Chancellor’s and Board of Regent’s ratification.

4.16   Salary Authority. No faculty member’s salary, regardless of the source of funds, shall exceed the Component President’s salary as designated by the Legislature in the General Appropriations Act, unless the salary is specifically recommended by the Chancellor and approved by the Board of Regents.

4.2 Tenure.

4.21   Defined. Tenure denotes an entitlement to continued employment as a member of the faculty at a Component in accordance with the provisions of these Rules and Regulations. Tenured faculty can expect those privileges customarily associated with tenure at their Component. Such privileges include a suitable office and workspace, serving as a principal investigator and conducting of research, teaching classes, and participating in faculty governance. However, tenure does not create a property interest in any attributes of the faculty position beyond the annual salary. By way of example only, tenure does not create a property interest in laboratory space, a particular office, the right to teach graduate students, or use of research materials or equipment. Only members of the faculty with the academic title of Professor, Associate Professor, or Assistant Professor may be granted tenure, unless the Component handbook recognizes the rank of Instructor as eligible for tenure. In exceptional cases, tenure may be granted at the time of appointment to any of such academic ranks by the Board of Regents or may be withheld pending satisfactory completion of a probationary period of faculty service. For tenure to be granted at the time of appointment, the President shall submit a written justification and recommendation to the Chancellor for review. If the Chancellor supports the grant of tenure, he or she may authorize the President to offer the prospective faculty member tenure, subject to subsequent approval by the full Board.

4.22   Tenure Track Faculty. Only full-time service in the academic ranks of Professor, Associate Professor, Assistant Professor, and/or Instructor (at Components where such is an academic rank eligible for tenure) shall be counted toward fulfillment of a required probationary period. Periods during which a faculty member is on leave of absence shall not be counted toward fulfillment of a required probationary period. If the Component faculty handbook does not recognize the rank of Instructor as eligible for tenure, then no more than three (3) years service as Instructor shall be so counted.

4.23   Prior Service Credit. At the discretion of the Component, up to three (3) years prior service at the other academic Component may be counted toward fulfillment of the required probationary period.

4.24   Maximum Probationary Service. The maximum period of probationary faculty service in tenure track status in any academic rank or combination of academic ranks shall not exceed six years of full-time academic service, unless the tenure clock has been tolled as provided in this subparagraph. Not later than August 31st of the last academic year of the maximum probationary period in effect at any Component, a tenure track faculty member shall be given written notice that the subsequent academic year will be the terminal year of employment or that, beginning with the subsequent academic year, tenure will be granted. In the event that the employment of a tenure track faculty member is to be terminated prior to the end of the maximum probationary period, notice shall be given in accordance with Subparagraph 4.5 below. Faculty members who have not been granted tenure by the Board of Regents shall not be entitled to tenure by virtue of being employed at the Component past the probationary period, i.e., such faculty members do not have de facto tenure.

4.241   Tolling of Tenure Clock. A Component may permit a tenure track faculty member to toll the tenure clock—that is, exclude not more than two academic years of countable service toward tenure—in order to accommodate one or more of the following exigencies or hardships: (a) Childbirth or adoption; (b) Dependent care (including children, parents, spouses, or other dependents); (c) The faculty member’s own illness or other personal emergency; and/or, (d) The inability of the institution to provide agreed upon facilities for the faculty member’s research.

4.242   Timing of Request. The request to toll shall, to the extent possible, occur prior to the occurrence of the event(s) stated in Subparagraph 4.241 and, in any case, within one year of the event(s). Requests made after the Component provides written notice of commencement of the promotion and/or tenure review process will not be honored.

4.243   Faculty Member’s Obligations. Per Subparagraph 4.242, the faculty member shall notify his or her chair and dean and make a written request to the chief academic officer to toll up to two years of service on the tenure clock, clearly explaining the basis(es) for the request—namely, why the exigency or hardship prevents or significantly impedes the faculty member’s ability to make progress toward achieving tenure; stating the estimated duration of both the exigency or hardship and the tolling period requested; and providing such supporting documentation as the Component may require.

4.244   Chief Academic Officer’s Obligations. The chief academic officer shall notify the faculty member, the chair/director, and the dean, and submit his or her recommendation to the System Vice Chancellor for Academic and Health Affairs (VCAHA) for his or her decision. The recommendation shall include the faculty member’s date of hire; process used to decide to request extension (such as executive committee approval or department chair recommendation); rationale to exclude the requested period of countable service; other facts or documentation relevant to the case; and the date by which the faculty member will be reviewed for tenure if the extension is approved.

4.245   Two Year Limitation. The total time excluded from countable service under this policy is two years (for example, a faculty member who tolls or excludes one year for childbirth or adoption and one year for dependent care has reach the maximum).

4.246   No Property Right Created. The tolling of the tenure clock under this policy lies within the sole discretion of the Component administration, subject to the VCAHA’s approval, and creates no property right, contractual or other legal entitlement in a member of the faculty. The administration may deny a request when, in its judgment, the needs and best interests of the Component, its academic units, and/or its students so require; provided, that this policy shall not be applied in violation of Component or System non-discrimination policies.

4.247   Tenure and Promotion Criteria Unaltered. Chairs/directors, deans, and chief academic officers shall ensure that all faculty members, tenure and promotion or other reviewing committees, and outside letter writers are informed that the criteria for tenure do not change when service has been excluded from a faculty member’s probationary period.

4.25   Calculating Service. For purposes of calculating the period of probationary service, an “Academic year” shall be the approximate nine-month period from September through May as designated in the common calendar established by the Texas Higher Education Coordinating Board. One year of probationary service is accrued by at least nine months full-time academic service during any academic year, regardless of whether contracted on an annual basis or for a consecutive fall and spring semester. A faculty member shall be considered to be on full-time academic service if in full compliance with Board standards pertaining to minimum faculty workloads at general academic universities. If a faculty member is initially appointed during an academic year, the period of service from the date of appointment until the beginning of the following academic year shall not be counted as academic service toward fulfillment of the maximum probationary period.

4.26   Non-tenured Faculty. No non-tenured member of the faculty should expect continued employment beyond the period of current appointment as approved by the Board of Regents. Any commitment to employ a non-tenured member of the faculty beyond the period of current appointment shall have no force and effect until approved by the Board. Non-tenured members of the faculty serve at the pleasure of the Component President and the Board, subject to the provisions of proper notice as required by these Rules and Regulations.

4.27   Non-reappointment and Denial of Tenure. A non-tenured faculty member, who is notified of non-reappointment in accordance with Subparagraphs 4.14 or who is notified in accordance with Subparagraphs 4.24 that tenure has been denied and that the subsequent academic year will be the terminal year of appointment, shall not be entitled to a statement of the reasons upon which the decision for such action is based.

4.28   Performance Reviews. Components shall develop and publish campus-specific faculty performance review policies.

4.281   Annual Review Policies. Each Component shall develop campus-specific annual review policies for non-tenured faculty members.

4.282    Performance Review of Tenured and Other Faculty. Each Component shall develop campus-specific post tenure policies and procedures to determine whether a tenured faculty member is performing consistently at an acceptable professional level as well as a mechanism whereby a faculty member is informed of any deficiencies and provided opportunity to improve his or her performance. Such policies and procedures shall be consistent with the tenure policies of this Chapter and Education Code, Section 51.942 and shall accord faculty members fundamental due process, including the opportunity for referral of a termination based upon evaluation to non-binding alternative dispute resolution, and a right of appeal in accordance with existing Component and Board policy.

4.3 Promotion.

4.31   Discretionary Nature of Promotion. The academic promotion of a faculty member is discretionary on the part of the President of the Component, the Chancellor and the Board of Regents. Faculty members do not have an entitlement to a prospective promotion rising to the level of a property interest, and the denial of a prospective promotion is not sufficiently stigmatic to constitute a liberty interest. No commitments, implied or otherwise, shall be made by any individual regarding faculty promotions without the prior written approval of the President, and all faculty promotions shall be subject to the approval of the Chancellor and Board of Regents. Faculty members who are not recommended for promotion shall not be entitled to a statement of reasons for the decision against the recommendation. However, supervisors are encouraged to offer suggestions for a program of professional development in teaching, scholarly or creative work, and leadership or service that may enhance the likelihood of promotion in the future.

4.32   Guidelines. The President of each Component shall develop minimum expectations and guidelines to be used in the evaluation of faculty for promotions, salary increases, reappointments, and tenure. Such guidelines shall include but not be limited to:

(1) Teaching in the classroom, laboratory, or seminar room;

(2) Studying, investigating, discovering, and creating;

(3) Performing curricular tasks auxiliary to teaching and research, e.g., serving on faculty committees, attending to administrative and disciplinary tasks, and promoting diligence and honest work in the student body;

(4) Advising and counseling of students, including the posting or publishing of office hours in such a manner as may be required by the President;

(5) Influencing beneficially students and citizens in various extracurricular ways; and,

(6) Patents or commercialization of research, where Within the guidelines, a faculty member becomes eligible for promotion by meeting or exceeding standards of performance although such eligibility shall not entitle him or her to a promotion.

4.4 Faculty Grievances of Non-renewal or Termination of Employment.

4.41   Faculty Member Defined. For purposes of this Paragraph, “faculty member” means a person employed full-time by a System Component as a member of the faculty, including professional librarians, whose duties include teaching, research, administration, or the performance of professional services. It does not include a person who holds faculty rank but spends the majority of his or her time engaged in managerial or supervisory activities, including a Chancellor, President, Provost, Vice President, Associate or Assistant Vice President, Dean, Associate or Assistant Dean.

4.42   Grievable Issues. A faculty member may present a grievance, in person, to a System Component’s President on an issue related to non-renewal or termination of the faculty member’s employment at the end of his or her contract period.

4.43   Termination Prior to End of Contract Period. A faculty member, whose employment is terminated prior to the end of his or her contract period, shall be entitled to invoke the full due process procedures provided to tenured faculty under Paragraph 4.5 of this Chapter.

4.44   Grievance Process. The President shall designate a member of his or her administration as a hearing officer to consider grievances under this Chapter.

4.441   No later than thirty (30) business days after the grievant learns (or in the exercise of reasonable care should have learned) of the action or condition giving rise to the grievance, he or she shall file the grievance on a form prescribed by the Component, providing supporting documentation, if any.

4.442   The hearing officer will meet with the grievant at a mutually convenient time to review any documentation or other evidence that the grievant may present in support of his or her position.

4.443   The hearing officer may not recommend changing the administration’s action regarding non-renewal or termination of employment unless the faculty member establishes a prima facie case—that is, presents evidence sufficient to establish a claim in the absence of rebuttal by the Component—that he or she has been denied a right guaranteed by the constitutions or laws of the United States or of the State of Texas.

4.444   If he or she finds that the grievant has established a prima facie case, the hearing officer shall determine whether the administration has stated a non-discriminatory reason for its decision and so advise the President.

4.445   The President shall make the final decision regarding the grievance.

4.45   Not a Due Process Proceeding. A grievance under this Paragraph is not a due process hearing, requiring the formalities specified in Paragraph 4.5 of this Chapter.

4.46   Component Procedures. A Component may not establish procedures that expand or contract the rights granted or materially alter processes described in this Paragraph. To the extent Component procedures conflict with the procedures in this Paragraph, the latter shall prevail. Existing Component policies on this subject matter are hereby revoked.

4.5 Termination and Due Process Procedures.

4.51   Grounds. Termination by a Component of the employment of a tenured faculty member and of all other faculty members before the expiration of the stated period of their appointment, except by resignation or retirement, will be only for good cause shown. Good cause includes but is not limited to the following:

(1) Failure to work efficiently or effectively;

(2) Insubordination;

(3) Serious professional or personal misconduct, examples of which include:

(a) Commission of a misdemeanor involving moral turpitude, or a felony;

(b) Failure to secure and maintain Federal, State, or local permits required in the discharge of teaching, research, or other professional duties, including failure to maintain appropriate documentation;

(c) Willful destruction of Component property or violent disruption of the orderly operation of the campus;

(d) Violation of the System’s ethics policy (Chapter VIII of these Rules and Regulations), including acceptance or solicitation of gifts that might tend to influence the discharge of one’s professional responsibilities;

(e) Stealing and publishing as one’s own the intellectual property of another;

(f) Misuse or misappropriation of state property, resources, funds, including funds held by a faculty member as part of official duties;

(g) Sexual harassment, as defined by Subparagraph 4.4 of Chapter VII of these Rules and Regulations; and,

(h) Racial harassment as defined by Subparagraph 4.3 of Chapter VII of these Rules and Regulations.

(4) Professional incompetence and/or neglect of professional duties;

(5) Mental or physical disablement of a continuing nature adversely affecting to a material and substantial degree of the performance of duties or the meeting of responsibilities to the institution, or to students and associates;

(6) Illegal use of drugs, narcotics, or controlled substances. A faculty member who, by a preponderance of the evidence, under these Rules and Regulations, is found to have illegally possessed, used, sold, or distributed any drug, narcotic, or controlled substance, whether the infraction is found to have occurred on or off campus, shall be subject to termination, suspension or other discipline as determined by the President or the President’s designee. That an employee is charged in a criminal case, or is found “not guilty” therein, shall not be construed as prohibiting administrative enforcement of these Rules and Regulations. If, in the judgment of the President or the Board of Regents, the best interests of the students or the Component or the System so dictate, the employee may be immediately removed from contact with students and other employees, pending resolution of disciplinary proceedings; and,

(7) Intentionally or knowingly violating any Board or administrative order, rule, or regulation, including the provisions of Chapter V, Subparagraph 2.134 of these Rules and Regulations. The employee is presumed to have knowledge of such Board or administrative order, rule, or regulation that is published in these Rules and Regulations or is a published policy of the Component.

4.52   Suspension. A President may, for good cause, suspend an accused faculty member pending immediate investigation or speedy hearing as hereinafter provided when the continuing presence of the faculty member poses a danger to persons or property or an ongoing threat of disrupting the academic process. An employee who is suspended or discharged from a particular duty or job at the Component may be suspended or discharged from all other duties or jobs in the Component for the same or other good cause. The President shall, as soon as possible, notify both the Chancellor and the Vice Chancellor and General Counsel of any such actions.

4.53   Summary Dismissal. In cases of good cause where the facts are admitted by the faculty member, summary dismissal may follow.

4.54   Hearing Tribunal. In all cases where the facts are in dispute, the accused faculty member shall be informed in writing of the charges which, on reasonable notice, will be heard by a special hearing tribunal whose membership, including its chair, shall be appointed by the President from members of the faculty whose academic rank is equal to or higher than that of the accused faculty member. At such a hearing:

(1) The hearing tribunal shall not include any accuser of the faculty member. The faculty member may challenge the alleged lack of fairness or objectivity of any tribunal member, provided such challenge is made prior to the submission of any evidence to the tribunal. The faculty member shall have no right to disqualify such member from serving on the tribunal. Each such challenged member shall determine whether he or she can serve with fairness and objectivity in the matter. In the event the challenged member chooses not to serve, the President shall appoint a substitute.

(2) The faculty member shall have a right to attend the hearing; confront and cross-examine adverse witnesses; present relevant evidence on his or her own behalf; testify or choose not to testify; and, be assisted or represented by counsel. The hearing shall be closed although the faculty member may request that it be open to the public. Notwithstanding a faculty member’s request, the tribunal may close all or a portion of a hearing to deliberate or if it appears likely that privacy interests of others are relevant and could be affected by an open hearing.

(3) The Component, through a representative and/or through counsel, shall have the right to attend proceedings; present witnesses and evidence against the faculty member; and, cross-examine the faculty member (if the faculty member testifies) and his or her witnesses.

(4) The hearing tribunal, by a majority of the total membership, shall make written findings on the material facts and a recommendation of the continuance or termination of the faculty member’s tenure as well as any supplementary suggestions it may have concerning the case. The original of such findings, the recommendation, any supplementary suggestions, and the record of the hearing shall be delivered to the President and a copy thereof sent to the faculty member. Any minority findings, recommendations, or suggestions shall be distributed in the same manner.

(5) A stenographic or electronic record of the such record shall be made accessible to the faculty member.

4.55   Review by President. The President shall review the record, plus any additional written briefs the parties wish to submit, and render a decision, stating his or her reasons therefore in writing and communicating the same to the faculty member. The President may recommit the matter to the same tribunal to hear additional evidence and/or to reconsider its findings, recommendations, or suggestions, if any. The original findings, recommendations, and suggestions of the hearing tribunal, a transcript of the hearing, any briefs submitted, and the decisions, recommendations, findings, and suggestions of the President shall be delivered to the Board.

4.56   Appeal to the Board. Upon written request by the faculty member, received in the System Administration Office within thirty (30) calendar days of the faculty member’s receipt of the President’s decision, the Board shall review the record before it. Such request should specifically address any defects in procedure or substance which require reversal of the President’s decision. The President may submit a written response to the request for review. By a majority of the total membership, the Board may approve, reject, or amend any decisions, findings, recommendations, and suggestions before it, or recommit the matter to the President for reconsideration or the hearing of additional evidence. The Board shall notify the faculty member in writing of the reasons for its decision.

4.6 Termination of Faculty Employment Under Special Circumstances.

If, in the judgment and discretion of the Board, reductions in legislative appropriations for faculty salaries; governmentally mandated reductions in faculty positions; significant loss of enrollment; consolidation of departments or other reorganization; dropping of courses, programs, or activities for educational or financial reasons; or financial exigency make such action advisable, the employment of a faculty member who has been granted tenure or of any other faculty member before the expiration of the stated period of his or her employment, may be terminated in accordance with the provisions of this Subparagraph.

4.61   A faculty member whose employment will be recommended for termination under this Subparagraph 4.6 shall be given:

(1) a statement of the basis for the decision to terminate the faculty member’s employment, together with a description of the manner in which the recommendation of termination was made;

(2) access the information and data upon which the recommendation was based; and,

(3) an opportunity to respond consistent with the requirements of due process.

4.62   In cases involving the termination of faculty employment under the provisions of this Subparagraph, the guidelines to be used to identify faculty members in a designated program whose employment will be recommended for termination shall include the following:

(1) Whenever possible, faculty reduction will be accomplished through attrition;

(2) Within a designated program, the termination of the employment of a faculty member with tenure may not be recommended in favor of retaining a faculty member without tenure unless:

(a) The removal of a non-tenured faculty member would eliminate an essential part of a program or render a program dysfunctional; or,

(b) The removal of a non-tenured faculty member who is deemed to be of equal or greater merit than a tenured faculty member would jeopardize the advances achieved by the Component under its diversity program.

4.63   A faculty member recommended for termination under the provisions of Subparagraph 4.6 should be given the opportunity for appointment in a related area provided: (a) the faculty member is qualified professionally to teach in such area or is willing to undergo the appropriate professional retraining that will qualify him or her to do so; and (b) a position is available.

4.64   A faculty member whose position has been terminated will be given first consideration for rehiring, should the position be reestablished within a three-year period.

4.65   The President of each Component shall develop and publish in the Component’s faculty handbook the Component’s policy regarding termination of employment under Subparagraph 4.5, subject to the reviews and approvals specified in these Rules and Regulations.

4.7 Rights and Responsibilities as a Teacher and as a Citizen.

4.71   Classroom. The faculty member is entitled to freedom in the classroom in discussing the faculty member’s subject but should be judicious in the use of controversial material in the classroom and should introduce such material only as it has clear relationship to the subject field.

4.72   Research and Publication. The faculty member is entitled to freedom in research and in the publication of the results in accordance with responsible academic and professional practices.

4.73   Licenses and Permits. The faculty member shall be responsible for securing and maintaining any and all federal, state, and local licenses and permits required for his or her classroom, research, or other professional activities.

4.74   Speaking as a Citizen. The faculty member is a citizen, a member of a learned profession, and an employee of an educational component supported by the State. When the faculty member speaks or writes as a citizen, the faculty member should be free from Component censorship or discipline; but, the faculty member’s special position in the community imposes special obligations. As a person of learning and a faculty member of a state funded educational component, the faculty member should remember that the public may judge his or her profession and Component by his or her utterance. Hence, the faculty member should at all times be accurate, exercise appropriate restraint, and should show respect for the opinions of others.

4.75   Partisan Political Activities. The Board of Regents recognizes and affirms a faculty member’s right to participate in political activities as long as such political activities do not interfere with the discharge of the duties and responsibilities that a member of the faculty owes to the System or a Component or otherwise involve the System or a Component in partisan politics. If, in the President’s or Board’s judgment, the interest of the System or a Component so require, they may grant a leave of absence without pay to a member of the faculty. If a member of the faculty, who has not been granted a leave of absence, wishes to engage in political activity that interferes with the discharge of the duties and responsibilities that are owed to the System or a Component, the faculty member should voluntarily terminate employment with the Component. If the faculty member does not voluntarily terminate his or her employment and the President or the Board finds that the faculty member’s political activity interferes with the discharge of the duties and responsibilities that are owed to the System or a Component, the President or the Board shall terminate such faculty member’s employment by the Component.

4.76   Non-competitive use of employee-owned courseware. (See Chapter III, Paragraph 11.6 of these Rules). Courseware developed by an employee without specific direction or significant support of the Component institution shall not be sold, leased, rented, or otherwise used in a manner that competes with the instructional offerings of his/her own Component without the prior written approval of the chief academic officer of the Component. Should approval be granted to offer the course, course Components, or instructional support materials outside of the institution, the employee shall reimburse the Component for any use of its resources.

4.8 Terms and Conditions of Employment.

4.81   Faculty Development Leaves. The Board of Regents authorizes each President to implement a Faculty Development Leave Program pursuant to the provisions of Texas Education Code, Chapter 51, Subchapter C and approval of the Chancellor.

4.82   Absences. The following regulations, pertaining to faculty absences, authorized and unauthorized, are established for each Component and have been filed with the Texas Higher Education Coordinating Board as required by the Texas Education Code, Section 51.108. Each Component President is delegated authority to promulgate policies to implement the provisions of this Subparagraph, including the reporting of faculty absences and the granting of such sick leave, emergency leave, and/or other leave as may be authorized by statute or the General Appropriations Act. Component policies shall make provisions for the following:

4.821   Authorized Absences. A faculty member employed by a Component must discharge faithfully instructional duties and other responsibilities associated with faculty appointment, including the meeting of all scheduled classes. Absences from classes will be authorized only under the following conditions:

(1) Professional meetings when, in the judgment of the President or his/her designee, attendance at such a meeting would contribute to the improvement of teaching or scholarship at the Component;

(2) Personal or immediate family illness;

(3) Family emergencies;

(4) Specific assignments of the President of short duration (the Board of Regents discourages specific assignments which will cause a faculty member to be absent from assigned classes);

(5) Special circumstances where the President considers such absences to be for valid reasons and in the best interest of both the faculty member and the Component.

4.822   Unauthorized Absences. Unauthorized absences on the part of the faculty member are not permitted. Each Component shall regard such absences as a violation of the terms of the faculty member’s appointment.

4.83   Outside Employment. The President of each Component shall approve and incorporate in the faculty handbook specific policies governing outside employment by all faculty members. These guidelines shall include but not be limited to the provisions and conditions of this Subparagraph.

4.831   Faculty members should not be discouraged from accepting appropriate appointments of a consultative or advisory capacity with governmental agencies, industry, or other educational institutions as long as such activities do not conflict with the individual’s work at the Component. The consideration to the System of such activity is the improvement of the individual through contact with the non-academic world. Faculty members should be discouraged from accepting regular employment outside the Component because such does not directly benefit the Component as indicated herein.

4.832   Conflict of interest must be avoided in all instances of outside employment. Conflict of interest means any outside activity which intrudes upon the faculty member’s responsibility to the Component. See Subparagraph 2.4 of this Chapter and Chapter VIII (Ethics Code).

4.833   No member of the faculty engaged in outside remunerative activities shall use in connection therewith the official stationery, supplies, equipment, personnel services, or other resources of the System or any of its Component universities. Nor shall such member of the faculty accept pay from private persons or corporations for tests, essays, chemical analysis, computer programming, bacteriological examinations, or other work of a routine character which involves the use of property owned by the System or its Components.

4.834   Every member of the faculty who gives professional opinions must protect the System and its Components against the use of such opinions for advertising purposes. That is, when work is done in a private capacity, the faculty member must make it clear to the employer that such work is unofficial and that, absent the President’s prior approval, the name of the System and its Components are not in any way to be connected with the faculty member’s name. Exceptions may be made for the name of the author attached to books, pamphlets, and articles in periodicals, and the identification of an individual in publications of corporations or companies related to service as a member of an advisory council, committee, or board of directors.

4.835   A faculty member (as defined in Subparagraph 1.11 of this Chapter) may not engage in any outside work or receive compensation from an outside source that creates a conflict of interest with the faculty member's duties at the Component. A conflict of interest includes the actions prohibited in Subparagraph 3.2 of Chapter VIII of these rules. The faculty member shall notify the President or his/her designee of such activity.

4.836   Reporting Requirements. Any faculty member who seeks to engage in remunerative employment or consulting outside of his or her primary employment relationship with the Component, shall notify and obtain written permission from the head of his or her department before beginning such outside employment or consulting. If his or her department head determines that the employment or consulting serves a public purpose and does not unreasonably interfere or conflict with the faculty member’s obligations or duties to the Component, the department head may authorize the employment or consulting.

4.84   Textbooks and Other Course Materials. Policies which govern textbooks and other materials prescribed for use by students will be specified for each Component in the faculty handbook for that Component.

4.841   Generally, the individual faculty member or the academic department should have wide discretion in the choice of materials to be used in the courses offered by the department with the approval by the chairman or head of the department. Although the authorship of books, outlines, manuals, and similar materials by members of the faculty should be encouraged, the prescribed use of these for students is a responsibility that goes beyond that of the individual author. Where practicable and equitable, the charge for outlines, syllabi, and similar materials prescribed for the use of students should be borne by the instructional department concerned. Whenever a charge is authorized for such copied materials, the prices should be as low as possible, consistent with the payment of a fair and reasonable royalty to the author or authors. This charge must be considered in conjunction with the a incidental course fees or charges” such that students are not charged more than once for the same material(s).

4.842   Textbooks, notebooks, manuals, or other materials for the use of students of a Component, written or prepared by a member of the faculty of that Component, shall not be prescribed for the use of or sold to such students until such books, notes, manuals, or materials shall have been approved, with reasons stated, by the department head and approved by the academic Vice President. All such requests shall indicate the proposed prices and profits, and their authorization shall be effective only to the end of the fiscal year (August 31) for which such approval has been given.

4.85   Acceptance of Money from Students. Faculty members shall not, without approval of the President or his/her designee, collect from students any fees or charges to be expended for Component purposes or sell to students books, notes, materials or supplies. Faculty of the rank of lecturer or above, and other instructional personnel as designated by the Component President, may not accept pay from students for extra instruction or teaching of students registered in the Component. With prior written approval of the President or his or her designee, instructional employees below the rank of lecturer may accept pay from students for extraclass instruction or coaching but only in courses or sections of courses with which they have no instructional connection. The faculty handbook of the Component shall specify the procedure for approval at the Component level.

4.86   Knowledge of These Rules & Regulations. Each faculty member shall become acquainted with these Rules and Regulations, Component policies and faculty handbooks, catalogues, announcements of courses, other official publications, and printed or other material regularly prepared for the use of the faculty. The President shall have copies of these Rules and Regulations, Component policies and faculty handbook available at the President’s office, the library, and other appropriate campus locations.

4.9 Honorary Titles and Emeritus Faculty.

4.91   Honorary Titles. Several honorary titles - Regents’ Professor, University Distinguished Professor, Emeritus (or distinguished emeritus) Status - recognize long and distinguished service.

4.92   Regents’ Professor. Upon the recommendation of the Chancellor, the Board of Regents, from time to time, may bestow the title of “Regents’ Professor” upon a very select number of tenured faculty members who have demonstrated the following:

(1) Excellence in teaching and exceptional dedication to students;

(2) National or international distinction and acclaim for academic achievement or scholarship; and,

(3) Notable contributions and commitment to their Component institutions and communities.

Upon retirement, a Regents’ Professor shall automatically receive Emeritus faculty status.

4.93   University (College or Institute) Distinguished Professor. The President of each Component may establish criteria to recognize, annually, as “University (College or Institute) Distinguished Professors,” a select number of outstanding professors or associate professors, who have achieved academic accomplishment and stature that exceeds the criteria for the granting of tenure. Upon retirement, a University Distinguished Professor shall automatically receive Emeritus faculty status.

4.94   Emeritus (or Distinguished Emeritus) Status. The President of each Component is authorized to bestow the following titles upon retired or retiring faculty:

(1) Professor Emeritus, Distinguished Professor Emeritus, or similar honorific titles, provided that the faculty member holds the rank of professor and has served the Component, with distinction, at least ten years.

(2) Associate Professor Emeritus, provided that the faculty member holds the rank of associate professor and has served the Component, with distinction, at least fifteen years.

Except for Regents’ Professors and University Distinguished Professors, the conferring of emeritus status is not automatic upon retirement but shall be based upon individual distinction, exceptionally high quality service, and outstanding contributions to the Component which clearly demonstrate the individual’s worthiness for the honor conferred.

4.95   Privileges and Perquisites of Emeritus Status. Although Emeritus status constitutes continued academic appointment without remuneration or authority, holders of the title of “distinguished professor emeritus” or “distinguished associate professor emeritus” shall be accorded the following privileges and perquisites:

(1) Use of the title “distinguished professor emeritus” or “distinguished associate professor emeritus.”

(2) Membership (without vote) in the general faculty and in the college and department faculties in which membership was held at the time of retirement.

(3) Membership in the graduate faculty (without vote) if membership was held at the time of retirement.

(4) Eligibility for service on Component committees upon appointment by the President of the Component.

(5) Assignments of office space and use of laboratory facilities, when available, with the approval of the department head, dean of the college, and Provost and Vice President for Academic Affairs.

(6) Listing in the faculty directory and applicable publications.

4.96   Duration of Honorary Titles. The Board of Regents prefers and intends that honorary titles be held in perpetuity (for example, if a faculty member enjoying emeritus status is recalled to service in the interest of the Component after an intervening period, emeritus status is not affected); notwithstanding anything to the contrary in this Paragraph 4.9, conferring any such title shall not create a property right or entitlement in the holder. The Board reserves the right to revoke a title if, in its sole judgment and discretion, the best interests of the Texas State University System or of a Component warrant such action.

4.10 Miscellaneous Provisions.

4.10(1)   Faculty Organizations. The President of each Component is authorized and encouraged to permit the faculty to organize and function in the form of representative faculty bodies in order that the faculty might effect greater utilization of its resources in the conduct of Component affairs.

4.10(11)   General Authority. Subject to the ultimate authority of the Board of Regents and the delegated authority of the Component President or his or her designees, the faculties of the Components shall have an appropriate advisory role in the governance of their respective Components. Officially recognized faculty bodies shall have no existence separate and apart from the Component with which they are associated. This role may include but not be limited to the following areas:

(1) General academic policies and procedures;

(2) Student life and activities;

(3) Requirements of admission and graduation;

(4) Honors and scholastic performance generally;

(5) Approval of candidates for degrees; and,

(6) Faculty rules of procedure.

4.10(12)    Faculty Minutes. Copies of Component faculty minutes, or those of their legislative bodies, shall be available for use of members of the particular faculties individually, if desired, and shall be filed in the office of their secretaries and a copy distributed to the offices of the Academic Deans, Academic Vice President, and President.

4.10(2)   Recruitment and Resignation of Faculty Members. Mobility of faculty members among colleges and universities is rightly recognized as desirable in American higher education. Yet, the Component and may entail major adjustments on the part of the faculty member’s colleagues, the administration, and students in the faculty member’s field. Thus, each Component President shall establish procedures regarding the recruitment and resignation of faculty members. The standards set forth below are recommended:

(1) Recruitment Negotiations. Negotiations looking to the possible appointment of persons for the following fall semester who are faculty members of other universities in active service or on leave-of-absence and should be begun and completed as early as possible in the academic year and the appropriate other Component officers informed of such negotiations.

(2) Notification of Resignation. A faculty member should not resign later than May 15 or thirty days after receiving notification of the terms of continued employment for the following year, whichever date occurs later.

(3) Appointment Offer. To permit a faculty member to give due consideration and timely notice to his or her Component, an offer of appointment for the following fall at a Component should be made before May 1 whenever possible.

4.10(3)    Retired Faculty. A full-time faculty member, who has retired from service from one of the Components in The Texas State University System and who held the title professor, associate professor, assistant professor, or instructor at the time of retirement, shall be accorded the following privileges and perquisites at such Component:

(1) A faculty identification card denoting previous academic rank and the designation “Retired”. In the case of holders of an emeritus title, the identification card shall denote the applicable emeritus title;

(2) Faculty library privileges;

(3) Use of Component dining services;

(4) Authority to purchase a faculty-staff activity card on the same basis as active faculty members;

(5) Parking privileges provided to active faculty members of the Component;

(6) Continued eligibility for Component group health and life insurance as provided by statute;

(7) Use of internal Component mail service and facilities; and,

(8) Other privileges for retired faculty approved by the President of the Component.

4.11 Sexual Misconduct.

Faculty shall comply with the System’s “Sexual Misconduct” policy found in Chapter III, Paragraph 22 and Appendix A-6.