Section 1. Appointment. All appointments, reappointments, and promotions of members of the faculty shall be made by the President with the approval of the Board of Regents. Recommendations shall originate with the department and shall be presented to the dean of the college or school for consideration. If the dean approves, the dean shall transmit a recommendation to the Provost and Vice President for Academic Affairs.
Section 2. Qualifications. Every appointment shall be made in accordance with the Policies of the Board of Regents and solely on the basis of merit and the special fitness of the individual. In the appointment and promotion of members of the faculty, special consideration shall be given to their teaching ability, research ability, achievement, and general usefulness or promise thereof to the University. The initial appointees to the rank of associate or full professor should have doctoral degree or equivalent in training, ability, or experience. Appointees as assistant professor or instructor must have, as a minimum, the master's degree, except for persons of special learning and ability.
Section 3. Employment Contracts. Contracts shall be as prescribed by the Board of Regents.
Section 4. Duties. Members of faculty shall perform such responsibilities in instruction, research, and service and discharge such other professionally appropriate duties as may be assigned to them during the period of their contract.
Section 5. Scholarship. Each faculty member shall be expected to maintain scholarship through continuous research and study, which should yield results in improved teaching and publication of research studies.
Section 6. Teaching Performance. No service to the University, however exceptional, shall be deemed sufficient to overcome failure to render adequate service in teaching. In the annual report the departmental chair shall include a statement concerning the performance of teaching faculty members in the department. Due attention shall be given in this report to special qualities of excellence in the performance of teaching faculty members in the department.
Section 7. Formal Academic Exercises. Members of the faculty are expected to attend formal academic exercises of the University and to wear on such occasions appropriate academic costume.
Section 8. Extra-Curricular Activities. Faculty members shall be encouraged to participate, in a manner befitting their academic position, in such extra-curricular activities as are proper extension of their professional field of interest, whether these be in the internal administration of the University or in representation of the University before outside groups. Annual departmental reports shall make references to such activities on the part of members of the faculty.
Section 9. Office Hours. Members of the faculty are expected to make available in the medium provided for that purpose such office hours and conference periods as they deem most advantageous to their students.
Section 10. Outside Activity. No members of the faculty of the University shall engage in any outside work or activity if it interferes with the regular and punctual discharge of their official university duties and responsibilities. Prior to engaging in remunerative outside work or activity, a faculty member must file a description of the nature and extent of the outside work or activity with the dean of the appropriate college or school and the Provost and Vice President for Academic Affairs. The faculty member shall not continue or undertake such employment if notified of the disapproval of such undertaking.
Section 11. Faculty Rewards. Instruction, research, and public service are the three (3) components of Georgia State University's educational function. In determining faculty salary increases consideration shall be given scholarly attainment and professional growth as evidenced by each of the following: (a) teaching activity and effectiveness; (b) research, publication, creative scholarly activity, or artistic performance; and © university, professional, and public service activities.
Section 12. Evaluation. Each faculty member shall be evaluated at least annually by the person to whom that faculty member reports.
Section 13. Salaries. In determining salaries of members of the faculty and staff serving on an annual (fiscal year) basis, consideration shall be given to the fact that they are required to be on duty for a period over one-third longer than that of those whose appointments are on a two (2) semester basis.
Section 14. Promotion and Tenure.
A. Each college, school, department or other unit which recommends faculty promotions or tenure will specify and make available to its faculty written copies of the applicable criteria and procedures governing promotion and tenure.
B. Recommendations regarding promotion and tenure by the appropriate chair, dean or other administrator shall be made following consultation with an appropriate faculty committee from within the department, college, division or unit.
C. Consultations regarding promotion and tenure shall be documented and shall include the committee's recommendation, if any.
D. All recommendations made under this section will be documented showing that all required criteria and procedures have been followed.
E. Tenure is established and governed by the policies and regulations of the Board of Regents.
F. Minimum criteria for promotion shall include a significant representation of the following qualifications.
G. This section does not apply to decisions about non-renewal or non-retention of untenured faculty or to dismissals.
Section 15. Degree Equivalents. As a general rule, no person will be advanced to the rank of associate professor who has not received the doctoral degree. Exceptions to this rule may be made in the case of members of the faculty who have served the University for a number of years and in the case of those who may qualify as having the equivalent of such degree. The following, in combination, may be as equivalent:
A. Established reputation in field of interest.
B. Research, scholarly publications, or creative production.
C. Superior teaching as shown by competence in the conduct of classes and seminars, effective relations with students, and use and development of appropriate teaching aids.
D. Substantial, significant, and integrated program of study beyond the master's degree.
E. Outstanding service to the University.
F. Activities related to professional growth and development.
Neither the possession of a doctoral degree nor longevity of service is a guarantee of promotion.
Section 16. Academic Freedom. All faculty members are entitled to enjoy and to exercise, without penalty for such exercise, all the rights of an American citizen as well as the rights of academic freedom as they are generally understood in the teaching profession.
Section 17. Tenure. Tenure is established and governed by the policies and regulations of the Board of Regents.
Section 18. Illness. The rights of employees who are incapacitated by illness are as established by the policies of the Board of Regents.
Section 19. Vacations. Members of the general administration shall be employed on an annual (fiscal year) basis. Vacation for such personnel and for faculty members employed on an annual (fiscal year) basis is as established by the Board of Regents.
Section 20. Leave. All leaves granted by Georgia State University must be in accordance with Regents' regulations. When the members of the faculty desire to leave for the purpose of study, research, or other pursuit, the object of which is to increase their professional efficiency and usefulness to the University, they shall make known to the dean of their college or school the period during which they wish to be absent. The dean, in consultation with the Provost and Vice President for Academic Affairs shall try to schedule the work of the faculty member so as to make it possible for them to have the leave requested.
A. The President may, with the approval of the Chancellor and the Board of Regents, grant leaves of absence, with or without pay, to members of the faculty or administrative staff. Recommendations for leave without pay will be approved whenever it appears that the granting of such leaves will not be prejudicial to the interests of the University.
B. Leave with pay shall be granted only for the purpose of promoting scholarly work and encouraging professional development. The program or project on which the applicant proposes to work will be examined carefully by the President and the likelihood of the applicant's being able to accomplish the purpose for which leave is requested also will be considered.
C. Leave with pay ordinarily will not be granted if the applicant has less than three (3) years' employment in the University nor will leave with pay be granted to an applicant who has not already completed the requirements for a master's degree or the equivalent.
D. Faculty members who have been granted a leave of absence with pay shall be required, before beginning their leave, to sign an agreement that they will return the full amount of compensation they received from the Institution while on leave if they should not return to the University for at least one (1) year of service after termination of their leave.
E. In evaluating a request for a leave, the President should take into consideration the effect that the granting of leave will have on the Institution or on the department of which the applicant is a member. If the applicant's work cannot be handled by other faculty members, and if funds are not available for the employment of a substitute, the President will be justified in refusing to recommend that the leave be granted or in deferring action upon the request for a leave.
F. Military leave shall be granted as provided by Policies of the Board of Regents.
Section 21. Classified Personnel. Classified personnel are defined as professional and administrative personnel and staff personnel. Classified professional and administrative personnel are personnel who are exempt from the Federal Wage-Hour provisions of the Fair Labor Standards Act and who are not identified as faculty or as graduate assistants. Classified staff employees are personnel who are not exempt from the provisions of the Fair Labor Standards Act. These personnel are subject to the Classified Personnel Policy for the University System of Georgia adopted by the Board of Regents, including periodic evaluation as provided in this policy.
Section 22. Part-time Personnel. Persons of learning and ability in special fields may be employed on a part-time basis with academic titles, but they shall not be entitled to faculty rank, tenure, or voting rights in the faculty.
Section 23. The Policy Manual of the Board of Regents provide for the employment, resignation, and removal of a faculty member as follows:
A. From the Policy Manual, Board of Regents of the University System of Georgia, Section 803.06:
All tenured faculty members employed under written contract for the fiscal or academic year shall give written notice of their intention to resign to the president of the institution or to his/her authorized representative, postmarked no later than February 1, immediately preceding the expiration of the contract period.
B. From the Policy Manual, Board of Regents of the University System of Georgia, Section 803.09, Paragraphs J. and K.:
"J. Notice of the intention to renew or not to renew a non-tenured faculty member who has been awarded academic rank (instructor, assistant professor, associate professor, professor) shall be furnished, in writing, according to the following schedule:
K. A tenured faculty member, or a non-tenured faculty member, before the end of his/her contract term, may be dismissed for any of the following reasons provided that the institution has complied with procedural due process requirements:
Section 24. Institutional Regulations for removal of Faculty Members.
A. The Policy Manual, Board of Regents of the University System of Georgia, Section 803.11, provides the following procedures for removal of faculty members:
"The president of an institution may at any time remove any faculty member of other employee of an institution for cause. Cause shall include willful or intentional violation of the policies of the Board of Regents or the approved statutes of an institution. Further causes or grounds for dismissal are set forth in the tenure regulations of the policies of the Board of Regents and in the approved statutes or bylaws of an institution.
Introduction: These Procedures shall apply only to the dismissal of a faculty member with tenure, or a non-tenured faculty member before the end of the term specified in his/her contract.
It is intended that the procedures set forth below shall be considered as minimum standards of due process and shall not be construed as a limitation upon individual standards or procedures, consistent with the Policies Manual and Bylaws of the Board, which an institution of the System may elect to adopt for its own improvement or to make adjustments to its own particular circumstances. Such additional standards or procedures shall be incorporated into the statutes of the institution.
The president may at any time remove any faculty member for cause. Cause or grounds for dismissal are set forth in this Policy Manual and in approved statutes or bylaws of an institution. Whenever the words "president" or "administration" are used in these procedures, they shall be construed to include the designated representative of the president.
Preliminary Procedures: The dismissal of a tenured faculty member, or a non-tenured faculty member during his/her contract term should be preceded by:
Provision for Hearing Committee: A dismissal as defined above shall be preceded by statement of charges or causes (grounds for dismissal) if so requested, including a statement that the faculty member concerned shall have the right to be heard by a faculty hearing committee.
The Hearing Committee shall consist of not less than three or more than five impartial faculty members appointed by the executive committee (or its equivalent) of the highest legislative body of the faculty, from among the members of the entire faculty (as defined by the Policy Manual of the Board) of the institution.
Members of the Hearing Committee may serve concurrently on other committees of the faculty. The Hearing Committee will meet as a body when it is called into session by the chair of the body which selected them either at his discretion or upon the request of the president or the faculty member who is subject to dismissal.
When the Hearing Committee is called into session, it shall elect a chair from among its membership. A member should remove himself/herself from the case, either at the request of a party or on his/her own initiative if he/she deems himself/herself disqualified for bias or interest. Each party shall have a maximum of two challenges without stated cause; provided however, that all challenges whether with or without cause shall be made in writing and filed with the chair of the Hearing Committee at least five days in advance of the date set for the hearing. The chair shall have the authority to decide whether a member of the committee is disqualified for cause. If the chair determines that a member is so disqualified or if a committee member removes himself/herself from a case, the replacement shall be made in the same manner as the original committee was selected. If the chair is thus removed, the committee shall elect a new chair after committee replacements have been appointed. A minimum of three (3) members is required for any action to be taken.
B. The following additional standards or procedures apply to Georgia State University:
Section 25. Other Appeals and Complaints.
A. Each college, school, or other comparable administrative unit (hereinafter referred to as "college") of the University, which has assigned faculty members as defined in these Statutes, shall incorporate in its bylaws, or in official instructions, these procedures for the establishment of a fair and impartial hearing panel for its faculty and for the handling of faculty complaints related to matters other than removal of a faculty member for cause or non-renewal of faculty contract.
B. Applicability. This procedure shall apply to complaints relating to allegations of discrimination including those on the basis of race, creed, color, national or ethnic origin, religion, age, sex, sexual orientation, or handicap in any educational or employment program, policy, procedure, or practice of Georgia State University; allegations of arbitrary or capricious decisions affecting the faculty member's employment or professional reputation; and allegations by a faculty member or group of faculty members that the faculty member's contract has been violated, EXCEPT that this procedure shall NOT apply to matters covered under Article XI, Section 24, "Institutional Regulations for Removal of Faculty Members" or to matters related to administrative appointments or responsibilities.
D. Informal Procedures.
E. Optional Mediation Procedures
1. Each college will include mediation as an option within the appeals procedure of the college. If the complaint is not resolved by informal procedures, then the parties in the complaint may agree to mediation following the informal procedures and preceding the complainant's request for a hearing.
2. The Provost and Vice President for Academic Affairs with the approval of the Faculty Affairs Committee shall provide a list of mediators.
3. The criteria listed below shall pertain to any college mediation procedure:
a. The mediation procedure shall be a part of the college's appeals procedure or college bylaws.
b. The mediation procedure shall be used only upon mutual agreement of the complainant and respondent and shall provide for a mediator or mediators to be nominated by the Provost and Vice President for Academic Affairs and to be agreed upon by the complainant and respondent.
c. The mediation procedure may be terminated by either the complainant, respondent, or mediator at any time.
d. Each participitant in the mediation procedure shall be encouraged to participate in good faith in an effort to resolve the dispute.
e. The mediation procedure shall contain explicit limits which are reasonable, but in no event shall maximum time exceed thirty (30) days. These limits shall be observed by the complainant and respondent. Immediately upon conclusion of mediation, the mediator shall notify in writing the respondent and complainant that mediation has been concluded and explain the terms of the mediation agreement. While the results of the mediation shall be recorded, no other University records shall be created or maintained of the mediation process.
f. Concessions and offers made during mediation shall not later be used by either the complainant or respondent if the dispute continues beyond mediation. A complaint based on failure to comply with an agreement reached in mediation may be the basis of a subsequent appeal.
F. Formal Procedures
1. The College Faculty Appeals Committee.
The College Faculty Appeals Committee shall consist of faculty members without administrative appointments elected to serve designated terms. The College Faculty Appeals Committee shall have a minimum of five (5) members and shall elect a chair and vice chair from its membership.
College Faculty Appeals Committee members shall exercise prudence and caution, taking extreme care to discuss cases only in appropriate committee meetings or hearings.
2. Initiating a Hearing.
a. If the complaint has not been resolved by informal procedures and if the complainant wishes to pursue the matter, the request for a formal hearing must be filed by the end of the tenth (10th) day following the conclusion of the informal procedures (see item D.2. above). If the complainant and respondent have participated in mediation, the request for a formal hearing shall be made by the end of the tenth (10th) day following the date of notification to the respondent and complainant by the mediator that mediation has concluded. The request for a hearing shall be written and shall be addressed to the chair of the College of Faculty Appeals Committee with a copy to the dean or designee and to the respondent. The dean shall acknowledge in writing receipt of the complainant.
b. The dean or designee shall notify the College Faculty Appeals Committee of the Request within ten (10) days of the receipt of the complaint. The notification should include only names of complainant and respondent. By the conclusion of this same ten-day (10-day) time period, the complainant shall set forth in detail the nature of the complaint and the redress sought along with any supporting documents. A copy of all of these materials shall be sent to the respondent and to the chair of the College Faculty Appeals Committee by the complaint.
c. The respondent shall submit a written response to the complaint, along with any supporting documents, to both the chair of the College Faculty Appeals Committee, and the complainant within ten (10) days of receipt of the complainant's materials.
d. Upon receipt of the response the chair of the College Faculty Appeals Committee shall organize in consultation with the complainant and respondent to form a Faculty Appeals Hearing Panel of no fewer than five (5) people.
3. Formation of Hearing Panel.
a. The members of the College Faculty Appeal Committee who will serve as the Hearing Panel shall be drawn by lot within ten (10) days of receipt by the College Faculty Appeals Committee of the response to the complaint. These procedures shall include the following provisions.
(1) The complainant and respondent each shall be allowed to disqualify without cause one member of the Hearing Panel.
(3) College Faculty Appeals Committee members may remove themselves from service on the Hearing Panel for cause (subject to the agreement by the chair of the College Faculty Appeals Committee) without prejudice to serving the remainder of their term on the College Faculty Appeals Committee.
(4) In the event of disqualification of Hearing Panel members such that fewer than five (5) members remain for hearing a complaint, additional members from the college faculty at large may be considered for the Hearing Panel subject to agreement by both complainant and respondent and subject to disqualification as outlined above. If a hearing committee cannot be constituted according to these guidelines the matter is referred to the University Hearing Committee.
(5) If the complainant or respondent feels that a fair hearing cannot be conducted by the College Faculty Appeals Committee, the complainant or respondent may petition the Provost and Vice President for Academic Affairs before the Hearing Panel is selected for a hearing by the University Hearing Committee. The hearing will be conducted by the rules of the College Faculty Appeals Committee.
b. The Hearing Panel chair will be elected by the committee.
c. Until the hearing procedure in the college is complete, the group responsible for considering all matters related to the complaint shall be the Hearing Panel as constituted by these procedures.
4. Hearing procedures shall be conducted according to the following:
a. The first order of business for the Hearing Panel after the determination of its chair is the determination of the rules of the hearing. Because each appeal is unique, the conditions under which a given hearing will be conducted (rules, order, agenda, etc.) will be determined by the Hearing Panel after consultation with the complainant and respondent and with University Counsel. The hearing shall be considered closed unless all participants agree to the contrary. The Hearing Panel will notify the complainant and respondent in writing of the conditions under which the hearing will be conducted at least ten (10) days in advance of the hearing.
b. A hearing will be scheduled to begin within fifteen (15) days of the notification of the rules of the hearing.
c. The complainant has the right to be in attendance throughout the presentation by the respondent, and the respondent has the right to be in attendance throughout the presentation by the complainant; the complainant and respondent have the right to be accompanied by counsel, have the right to call witnesses, and to question witnesses. Witnesses have the right to be accompanied by counsel. Counsels for the complainant and respondent and counsel for witnesses shall not have the right to address the Hearing Panel nor the witnesses unless requested to do so by the Hearing Panel. The Hearing Panel may have counsel throughout the proceedings.
d. An audio tape of the hearing will be kept at college expense. The complainant and respondent may receive one copy upon request.
G. Procedures Following the Hearing
1. Decision of the Dean.
a. Within ten (10) days of the close of the hearing, the Hearing Panel will transmit in writing, confidentially, its finds, arguments (if any), and recommendations to the dean, complainant, and respondent by personal delivery or registered mail. Committee recommendations are not binding on the dean. The report shall be signed by all members of the Hearing Panel. In the report, dissenting opinions to the majority shall be signed by the appropriate Hearing Panel members.
b. Within thirty (30) days of receipt of the final report, the dean will transmit in writing to the Hearing Panel, to the complainant and to the respondent the dean's decision in reference to the formal record and the actions, if any, which will be taken.
c. The Hearing Panel has, at this point, fully discharged its obligations and shall have no further role. Because the case may yet be appealed, Hearing Panel members shall not comment on the hearing proceedings.
d. If the complaint is against the dean of a college, then the College Hearing Committee report will be forwarded to the Provost and Vice President for Academic Affairs.
2. Appeal to the Provost and Vice President for Academic Affairs.
a. The complainant may appeal the dean's decision to the Provost and Vice President for Academic Affairs. The appeal must be submitted in writing within ten (10) days of receipt of the dean's decision. No new or additional charges may be added to the complaint.
b. The appeal to the Provost and Vice President for Academic Affairs shall state the complaint, the redress sought, and include any supporting documentation.
c. The Provost and Vice President for Academic Affairs shall consider the appeal based upon the formal record. The Provost and Vice President for Academic Affairs shall render a decision within thirty (30) days of receipt of the appeal request.
d. If complainant or respondent charge that proper procedures were not followed in the College Faculty Appeals Committee, the complainant or the respondent may petition the Provost and Vice President for Academic Affairs and provide evidence of misconduct for a new hearing by the University Hearing Committee. The hearing will be conducted following the rules of the College Faculty Appeals Committee. The granting of such a hearing should be based on failure of the original hearing committee to follow procedures and not on discontent with conclusions.
3. Appeal to the President.
a. The complainant may appeal the decision of the Provost and Vice President for Academic affairs to the President of the University. To do so, the complainant must submit an appeal, along with reasons for doing so and redress desired, in writing, to the President within ten (10) days of receipt of the decision of the Provost and Vice President for Academic Affairs.
b. The President shall consider the appeal based upon the formal record and other information or materials requested by the President. The complainant and respondent will both be notified of the request for additional information, and will be allowed to respond. The President shall render a decision within thirty (30) days of receipt of the appeal request.
4. Appeal to the Board of Regents.
Further appeal of the President's decision shall be in accordance with University System Bylaws.
H. Miscellaneous General provisions.