Handbook of Operating Procedures

I. POLICY AND GENERAL STATEMENT

The University of Texas Health Science Center at Houston ("University") reaffirms reappointment via an annual memorandum of appointment.

Each faculty member should receive a memorandum of appointment. If a faculty member does not receive a memorandum of reappointment, the following guidelines apply:

• Tenured Faculty: A tenured faculty member may assume reappointment even if no memorandum of appointment is received for the upcoming year. 
• Non-tenured Faculty: If a non-tenured faculty member does not receive a memorandum of appointment or notification of non-reappointment, the faculty member must contact the department chair or the applicable dean to verify appointment status. Non-tenured faculty members should not assume, and are not guaranteed, continued employment beyond the period of the current appointment (see Section II.A below).
• All Faculty: If a faculty member is to be non-reappointed, the faculty member will receive notification of non-reappointment according to the process described in the Procedure section below.

II. PROCEDURE

Notice of non-reappointment will be sent by certified mail, return receipt requested to the last address provided by the faculty member to the department chair or applicable dean.  Each faculty member must keep the department chair and/or the applicable dean notified of his or her current mailing address and must maintain a current address in the human resources information system.

     A. Notification of Non-reappointment

Faculty in jeopardy of non-reappointment may be counseled and assessed by the chair or equivalent in the faculty member's annual review(s) prior to the decision not to reappoint (refer to HOOP Policy 111 Faculty Review). The department chair or equivalent may, at his or her discretion, provide a reason for non-reappointment, but need not provide such reason(s) to non-tenured faculty.

          1. Non-Tenure Track Faculty 

Non-tenure track faculty will be notified of non-reappointment no later than August 31 of the current appointment year. They will be given as much advance notice of non-reappointment as is reasonably possible.

          2. Non-Tenured, Tenure Track Faculty 

Except in cases of dismissal for good cause (refer to HOOP Policy 133 Faculty Termination), the following schedule will be used to notify non-tenured, tenure track faculty of non-reappointment.

Year of Probationary Service:	Receive notification by:	Termination date effective as of:
Year One	March 1	August 31 of academic year in which notice received
Year Two	December 15	August 31 of academic year in which notice received
After Year Two	August 1	August 31 of academic year following academic year in which notice received

To determine the year of probationary service, if a non-tenured, tenure track faculty member’s appointment commences during an academic year (after September 1 and before August 31), the period of service from the date of initial appointment until the following August 31 shall not be counted as academic service toward fulfillment of any probationary service period.  Year 1 would commence on the following September 1 (see Regents’ Rule 31007). 

          3. Tenured Faculty

Tenured faculty will be reappointed except in cases described in HOOP Policies 111 Faculty Review, 133 Faculty Termination, and 120 Abandonment of Academic Positions or Programs.

     B. Contesting Non-reappointment

Full-time tenure track faculty may contest the decision not to reappoint only if the decision was made for reasons that violate the laws or constitution of this state or of the United States.  Such a decision shall only be subject to review pursuant to the following procedures:

          1. Grievance

A faculty member may present a grievance, in person or through a representative, to the Executive Vice President & Chief Academic Officer (“EVP/CAO”) or another individual designated by the president if the allegations pertain to the EVP/CAO on an issue or subject related to the non-reappointment decision. The EVP/CAO shall meet with the faculty member. Unless a review by a hearing tribunal is requested and granted pursuant to Section II.B.2 below, the non-reappointment decision shall not be subject to further review.

          2. Hearing Tribunal to Hear Grievance (see HOOP Policy 133 Faculty Termination)

No hearing will be held to review a non-reappointment decision unless the faculty member submits a written allegation to the President, describing in detail the facts relied on to prove that the decision was made for unlawful reasons. If the President determines the alleged facts, if proved by credible evidence, could support a conclusion that the decision was made for unlawful reasons, the allegations will be heard under the same procedures as for dismissal for good cause with the following exceptions:

• The burden of proof lies with the faculty member, who must establish at the hearing, by the greater weight of credible evidence, that the decision in question was made for reasons that are unlawful under the laws or constitution of this state or the United States.
• The University need not state the reasons for the questioned decision or offer evidence in support thereof unless the affected faculty member presents credible evidence that, if unchallenged, proves the decision was made for unlawful reasons.
• The hearing tribunal will make written findings and recommendations based on the evidence presented at the hearing and will forward them with the transcript and exhibits from the hearing to the President.
• The President may approve, reject or amend the recommendations of the hearing tribunal, or may reach different conclusions based on the record of the hearing. The decision of the President is final.

III. CONTACTS

• • Office of Faculty Affairs & Development
  • 713-500-3062
  • https://www.uth.edu/academics/contact-us/faculty-affairs--development.htm

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