Article 15: Tenure. Continuing Appointment and Appointment Without Term

15.01

(a) Except for Members appointed as professional librarians, instructors, or professional counsellors, the provisions of this Article 15 shall be used to determine the award of tenure for all Members. For Continuing Education Members, consideration for tenure shall be by the College of Continuing Education Promotions and Tenure Committee as set out in Article 37. Except to the extent as modified by the said Article 37, the provisions of Article 15 shall apply to Continuing Education Members.

(b) The expression “full-time” in this Article shall be construed as including part-time Members, who in accordance with this Collective Agreement, are eligible for tenure consideration.
(c) An appointment with tenure is considered the ultimate safeguard of academic freedom for full-time and regular part-time Members. It constitutes a mutual undertaking, on the part of the Member, that he or she will continue to perform conscientiously the functions of a teacher and a scholar, and on the part of the University that a Member may continue to enjoy academic freedom with an appointment that shall be terminated only in accordance with this Collective Agreement.

15.02

(a) The University expects and endeavours to improve its standard of academic performance year by year and to maintain sufficient flexibility in staffing to meet needs of continuing programmes and evolving needs for change in programmes. Merely spending a number of years on the academic staff of the University will not establish a right to tenure. The Board of Governors will make an appointment with tenure only when it can be firmly predicted that the Member recommended will, in consequence of a demonstrated commitment to intellectual and professional activity throughout his or her career, attain and maintain a high degree of academic proficiency. However, except when a Member has been appointed or reappointed with notice that the appointment is not foreseen as one serving a continuing programme for the reasonably foreseeable future, every full- time and regular part-time Member serving on a tenure-track term contract does, after some specified period of service in the University, have a right to have his or her case for tenure considered with the opportunity of presenting it in the most favourable light. Procedures are established by this Collective Agreement to ensure this right to consideration.

(b) In no case shall the President’s recommendation with respect to an appointment with tenure be provided to the Member later than 1 September during the final year of the Member’s appointment. In the event of failure to comply with this requirement, the Member’s appointment shall be extended by one year.

(c) Notwithstanding anything in this Agreement, the following procedure shall apply to any grievance arising out of a recommendation of the President under Clauses 15.24(b) and 15.30(c):

(i) the grievance shall go directly to arbitration by a single arbitrator under Clause 29.24 or 29.33;

(ii) the arbitrator shall hear and determine the grievance within ninety (90) days of the communication to the Member of the President’s recommendation;

(iii) the ninety (90) day requirement shall not be waived or extended.

15.03

(a) In considering a Member for appointment with tenure, general criteria assessed by the committees and administrative officers responsible include: academic and
professional qualifications, teaching effectiveness, contributions to an academic discipline, ability and willingness to work with colleagues so that the academic units concerned function effectively, and personal integrity. The Report on Tenure (approved by Senate Council February 1971 and by the Board September 1971) shall be used for guidance respecting the criteria in considering tenure to the extent it does not conflict with this Collective Agreement.

(b) At the time of the Member’s initial probationary tenure-track or tenure-track
appointment, the Dean shall give the Member a copy of the criteria and standards
which shall be used for the Member’s tenure consideration.

15.04

(a) In Faculties where other criteria are of significance, additional criteria must be established by Faculty regulations.

(b) Where, by Faculty regulation, a Faculty establishes additional criteria and/or modifies additional criteria during a Member’s probationary tenure-track or tenure-track appointment, the Member, as a candidate for tenure in that Faculty shall be evaluated on the basis of the criteria in place at the time of their initial probationary tenure-track or tenure-track appointment unless the Member elects to be evaluated on the basis of the additional criteria and/or modified additional criteria.

15.05 If the responsibilities of a Member do not relate to all of the criteria for tenure, yet the appointment is expected to lead to consideration of tenure, tenure shall be considered in
relation to those responsibilities specified in the letter of appointment of the Member referred to in Clause 14.02.

15.06 Interdisciplinary research, educational activities and community service such as are carried out in Centres and Institutes shall be considered in evaluating performance.

Standards in Considering Tenure.

15.07

(a) Each Faculty is responsible for establishing, by Faculty Regulations, the standards it considers appropriate in respect of criteria for tenure within Dalhousie. The standards for part-time Members may differ from those for full-time Members.

(b) Where, by Faculty regulation, a Faculty modifies established standards and/or establishes additional standards in respect of criteria for tenure during a Member’s probationary tenure-track or tenure-track appointment, the Member, as a candidate for tenure in that Faculty shall be evaluated on the basis of the standards in place at the time of their initial probationary tenure-track or tenure-track appointment unless the Member elects to be evaluated on the basis of the standards in place at the time of their tenure consideration.

15.08 Where part-time Members are to be considered for tenure, all of the provisions of Article 15 shall apply, including criteria, standards, eligibility, time, and procedures. All those who consider part-time Members for tenure shall make due allowance for the fact that the amount one may contribute to an academic discipline by part-time service for four years is less than can be expected from full-time service. Standards for achievement in other tenure criteria, when appropriate, shall be adjusted similarly for part-time Members.

Eligibility for Consideration for Tenure.

15.09 An appointment with tenure is granted only to those holding academic rank (Lecturer, Assistant Professor, Associate Professor, Professor) or the corresponding research ranks.

Time for Decision on Tenure.

15.10

(a) While Members may, in exceptional circumstances, be given tenure on their appointment to Dalhousie, a Member is normally considered for tenure at the times given in Clauses 15.11 and 15.12.

(b) A request for tenure consideration before the times given in Clauses 15.11 and 15.12 can only be initiated by the Member. A Member who is so considered and who is not granted tenure shall continue in the probationary tenure-track or tenure-track appointment and shall be considered again at the prescribed time.

15.11 Assistant Professors with three years’ full-time university teaching experience before joining Dalhousie, Associate Professors and Professors shall be considered for tenure after two years of service at Dalhousie, i.e., in the fall term of the third year, and the Dean’s recommendation shall be communicated to the Member concerned, normally by 31 December and in no case later than 15 January, to be effective at the beginning of the following academic year.

15.12 Other Members, not considered in accordance with Clause 15.11, shall be considered for tenure after four years of service at Dalhousie, i.e., in the fall term of the fifth year, and the Dean’s recommendation shall be communicated to the Member concerned, normally by 31 December and in no case later than 15 January, to be effective at the beginning of the following academic year.

15.13

(a) Before, or at any stage after, procedures for considering tenure in a given case have commenced, any Member may request deferral of consideration. On recommendation of the Faculty Tenure Committee and the Dean, deferral for a period not exceeding two years may be approved by the President, who shall, when approval is given, then recommend to the Board an extension to the tenure- track appointment.

(b) A request for deferral by the Member shall consist of a letter outlining the reasons for the request sent to the Faculty Tenure Committee and the Dean with a copy to the Association. Consideration of the request for deferral shall not require submission of the candidate’s dossier; however, the letter shall contain sufficient detail to enable the Faculty Tenure Committee and the Dean to determine the appropriateness of the deferral request. The granting of a deferral shall not prejudice a candidate’s case for tenure in subsequent tenure consideration.

(c) Where major changes in Department curriculum result in a significantly greater workload or where a Member who through no fault of their own has a teaching or administrative workload which is above the norm for the Department or other such unit and which impairs their ability to meet the criteria for tenure, the Member may request a deferral of their tenure consideration for a period of up to two years, which shall not be unreasonably denied. Members who do so shall have their workload reduced to enable them to concentrate on meeting the criteria for tenure.

15.14 By written notice to the Chair, Head or Director of his or her academic unit, a Member on parental leave may elect to defer for one year consideration of decisions relating to his or her tenure.

15.15 If tenure is denied, a Member shall be recommended for a limited term appointment to carry beyond the sixth year of service only on special grounds satisfactory to the Chair, Head, or Director of the Department, the Faculty Tenure Committee, the Dean and the President. Once given such an appointment, the Member shall be considered as all other Members holding a limited-term appointment in accordance with Clause 14.11 before the expiry of the term.

15.16 If a Member has been considered for tenure in accordance with procedures established by this Article 15 and the result is a decision that tenure is not recommended, the Member shall not be reconsidered in a subsequent year unless either the Faculty Tenure Committee has originally recommended deferral or the Member’s Department Chair, Head, or Director recommends reconsideration in that subsequent year because of a relevant change in circumstances or grounds for consideration.

Procedures for Considering Tenure.

15.17 When the Member concerned holds a dual appointment in more than one Department, or has classes offered by more than one Department, the Chairs, Heads or Directors of the Departments in which he or she serves shall discuss the situation before any recommendation is made by a tenure committee or Department Chair, Head or Director.

15.18

(a) At each stage in the tenure process (Department or other similar unit, Faculty, Dean and President), recommendations that tenure be granted, that consideration be deferred, or that tenure not be granted shall be made known to the Member concerned at the same time it is sent to the next stage. Any recommendation that tenure not be granted or that consideration be deferred (except when the Member has requested such deferral) shall include a written statement of the reasons for the recommendation in respect to each of the criteria specified or provided in Clause 15.02 to Clause 15.06 and, where established by Faculty regulations, to the standards provided in Clause 15.07 and Clause 15.08; where no such standards have been established, then past practices shall prevail.

(b) When it appears likely that there will be a recommendation that tenure not be granted or that consideration be deferred (except when the Member has requested such deferral), the candidate shall be informed in writing, before any recommendation is made, of the specific concerns related to the criteria and standards for the award of tenure as defined in this Agreement and/or as provided by Faculty regulations. This shall occur at each stage in the tenure process. The candidate shall have the opportunity to respond in writing and to provide additional information in writing within five (5) days.

(c) It is the responsibility of the Department or other similar unit committee, Faculty Committee, Dean and the President to ensure that their recommendation on tenure is made with consistency in the application of criteria and standards within the same Faculty or other such unit for candidates assessed in the same academic year and allowing for appropriate differences based on academic discipline.

15.19

(a) A Member being considered for an appointment without term, continuing appointment or an appointment with tenure shall submit documentation to the Member’s Chairperson, Head, Director, or Chief Librarian no later than 15 September in the academic year in which the Member’s case is being considered. Professional librarians shall be considered for appointments without term, in accordance with Clauses 11.07 and 11.09 to 11.15 of this Collective Agreement. Instructor Members shall be considered for continuing appointments, in accordance with Clause 12.17 of this Collective Agreement. Professional counsellors shall be considered for continuing appointments in accordance with Clauses 13.03 and 13.04 of this Collective Agreement. The decision with respect to appointment without term shall be communicated to the Member normally by 28 February and in no case later than 15 March. When appointment without term is granted, it shall take effect from the beginning of the following academic year.

(b) The Chairperson, Head, Director or Dean shall obtain written recommendations from persons outside Dalhousie University unless the Member and the Dean agree that such letters are inappropriate. Any request for a written recommendation shall include a statement of the criteria. (Refer to Appendix VI)

In choosing the names of persons to be approached for recommendations, the Chairperson, Head, Director or Dean shall consult the departmental committee, and the Member; at least half of the persons approached for recommendations shall be the choice of the Member. The Member and Chairperson, Head, Director or Dean shall each be entitled to comment on the suitability of the persons approached.

15.20 Before the Chair, Head, or Director of a Department formally considers a Member for tenure, he or she shall inform the Member concerned. In Faculties where Departmental tenure committees are provided for, the Member shall have the opportunity to be heard by, and to submit a written statement to, the appropriate Departmental committee. The Chair, Head, or Director of the Department or School shall in due time make a recommendation to the Dean and in doing so shall indicate any dissent from his or her recommendation among members of the appropriate Departmental committee, or, if there is no committee, among other members of the Department. If the recommendation of the Chair, Head or Director is that tenure not be granted, the Member concerned shall be advised by the Chair, Head or Director of the recommendation made to the Dean.

15.21 The Dean shall lay before the appropriate tenure committee of the Faculty all information relevant to the case, including the recommendation of the Chair, Head or Director of the Department together with a brief statement of the procedures followed within the Department in arriving at this recommendation, and any dissent from the recommendation as reported by the Department Chair, Head or Director. The tenure committee shall also consider any representations made by other members of the University community, including the Member concerned if he or she requests the opportunity to appear before the committee.

15.22 The Faculty Tenure Committee shall consult with the department chair, head or director, and with others in the department as may seem useful to the Faculty Tenure Committee, before coming to a decision to make a recommendation to the Dean which varies from the recommendation of the Department Chair, Head or Director. If the Department Chair, Head or Director has recommended either that tenure not be granted or that (contrary to the Member’s wishes) consideration be deferred, or if a Faculty Tenure Committee apprehends some difficulty in reconciling a favourable departmental recommendation with standards prevailing generally in the Faculty, the Faculty Tenure Committee shall invite the Member to appear before it or to submit a written statement, if he or she has not already done so.

15.23 The Dean shall consider the information provided to the Faculty Committee and the recommendation of the Faculty Committee before making a recommendation. The Dean and the Faculty Tenure Committee shall then seek to reach a decision with which both agree.

15.24

(a) The Dean shall then make a recommendation to the President, indicating at the same time any dissent from this recommendation among members of the Faculty Tenure Committee and within the Department concerned. The President may consult with the Faculty Tenure Committee before or after receiving this recommendation.

(b) The President’s recommendation with respect to tenure or appointment without term shall be communicated to the Member normally by 28 February and in no case later than 15 March. When tenure is granted, it shall take effect from the beginning of the following academic year.

15.25 The Faculty Tenure Committee concerned, the Dean concerned, or the President acting in turn under these procedures, shall consider any allegation that improper procedures have been followed at earlier stages of any case and shall have authority, if he, she or they believe it may affect disposition of the case, to send the case back for further consideration.

15.26 In no case shall deliberations at the Departmental or other similar unit Committee or the Faculty Committee be transacted in the absence of a quorum, which shall be two-thirds (2/3) of the members of the Committee (rounded to the nearest whole number). In the event of a resignation from the Committee before the Committee has begun to interview candidates, the resulting vacancy shall be filled by election. If interviews with candidates have commenced, the vacancy shall remain unfilled for the balance of the deliberations.

Appeals or Reference to University Tenure Committee.

15.27 If the Faculty Tenure Committee recommends tenure be granted or that the case be deferred and if the Dean recommends otherwise, the Member shall have the right to initiate, by writing to the President, no earlier than 14 days after notice of the Dean’s recommendation and no later than 21 days after the notice, reconsideration of the matter by a University Tenure Committee as established in Clause 15.30.

15.28 The President shall seek further advice from a University Tenure Committee before rejecting a recommendation from the Dean for tenure or for deferral and making a recommendation less favourable to the Member; and the President shall notify the Member of the intention to resort to a University Tenure Committee within 14 days after notice to the Member of the Dean’s recommendation.

15.29 When a Member or the President requests consideration of the Member’s case by a University Tenure Committee, each shall, within 14 days of notice given by one to the other, nominate in writing to the Secretary of Senate the member of the committee whom he or she selects.

15.30

(a) A University Tenure Committee shall consist of three members, one named by the Member concerned, one named by the President, and a chair agreed upon by the two so named, all three to be selected from a standing panel of at least 12 members appointed by Senate on the recommendation of its Nominating Committee after agreement on the names by the committee, the President of the Dalhousie Faculty Association and the President. A University Tenure Committee, after considering all representations on the matter submitted to it, shall report its conclusion and any recommendations and a statement of the reasons to the President and to the Member concerned at the same time and no later than 15 July. The President shall submit a copy of the report of a University Tenure Committee to the Board of Governors.

(b) During appeals to a University Tenure Committee, the appellant shall have the choice whether to present his or her case before or after the University presents its case, but the order of presentation shall not affect the issue to be decided by the committee.

(c) After considering the report of a University Tenure Committee the President may recommend to the Board of Governors a further appointment with tenure; an appointment without tenure, with the question of tenure deferred; an appointment without tenure, with no undertaking to consider tenure again; or none of these. The President shall notify the Member of his or her recommendation and a statement of the reasons within one month from the date of the report of the University Tenure Committee.

(d) It is the responsibility of the University Tenure Committee to ensure that their recommendation on tenure is made with consistency in the application of criteria and standards within the same Faculty or other such unit for candidates assessed in the same academic year and allowing for appropriate differences based on academic discipline.

15.31 Professional librarians have the right to appeal if the Library System Appointments Committee recommends an appointment without term, or that consideration be deferred (in accordance with Clause 11.09 of this Collective Agreement), and the Dean or Vice-President responsible recommends otherwise. The Dean or Vice-President responsible shall so inform the professional librarian, in writing, by 15 January and an appeal may be initiated by writing to the President within twenty-one days of the written notice from the Dean or Vice-President. Within fourteen days of writing to the President, the President and the professional librarian shall each nominate, in writing to the Secretary of Senate, the member of the University Tenure Committee whom he or she selects. Clause 15.30 of this Collective Agreement shall then be used to determine the award of appointment without term.

Procedure – Tenure on Initial Appointment.

15.32 Before recommending to the President that tenure should be granted on initial appointment, the Dean shall consult with the appropriate tenure committee and, in making a recommendation shall advise the President of any dissent from this recommendation among members of the committee.

Consideration of Tenure for Person with Duties in More than One Faculty.

15.33

(a) When a Member has duties in more than one Faculty in the University, the Dean should normally consult any other Dean, whose information is likely to be of assistance in determining the question of tenure.

(b) If a Member has a joint appointment, the Chairperson, Head or Director of the Department or similar unit in which the Member holds the principal appointment shall be responsible for convening a special tenure committee with an appropriate number of members from each of the units in which the Member holds an appointment. The members of this committee shall contain elected and/or appointed members according to the established procedures in the units in which the Member holds appointments. This special committee shall fulfill the function of the departmental tenure committee mentioned in Clause 15.20.

15.34 Where a time limit relating to tenure consideration of a Member is stipulated in this Article 15, the Board and Members affected by or involved in the procedure shall take reasonable steps to ensure that the time limit can be met. Nevertheless, where appropriate reasons are demonstrated, the time limit for a decision and the option for anextension of the Member’s appointment may be made by agreement of the Parties at the Association-Board Committee. However, the person requiring the extension must give appropriate reasons and notice of the requested extension in a timely manner to the Member affected by the procedure, to the Board and the ABC.

15.35 Where deferral of tenure consideration or consideration for continuing appointment or appointment without term is granted to a Member, the Member’s appointment shall be extended by the period of the deferral.