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Purdue University Executive Memoranda Master Listing

PURDUE UNIVERSITY
OFFICE OF THE PRESIDENT
EXECUTIVE MEMORANDUM No. B-50

July 28, 1997

To: Deans, Chancellors, and Heads of Schools, Divisions, Departments, Offices, and Faculty Members

Re: Terms and Conditions of Employment of Faculty Members


Definition of Terms

  1. Faculty members -- Professors, Associate Professors, Assistant Professors, Instructors, and Post-Doctoral employees. Adjunct appointees, and Lecturers are not included within this definition.

  2. Non-tenured faculty -- There are two types of non-tenured faculty:

    1. Faculty who after serving a probationary waiting period will be awarded or denied tenure; or

    2. Faculty ineligible for tenure, including those who received prior non-renewal notices.

  3. Effective date -- Date this Executive Memorandum was approved by the Board of Trustees (28 July 1977).

  4. President or his designee -- The delegation of authority as outlined in Executive Memorandum No. B-31.

  5. Form 16 -- The existing employee contract form.

  6. Form 19 The appointment to the faculty form, used both for appointment of a new faculty employee and for extension of the employment of a continuing employee.

  7. Form 19E -- Official University notice of expiration form.

    1. General. This Memorandum sets forth the terms and conditions of employment of faculty members. It applies to all existing and future appointments to the faculty (Regular, Temporary, or Visiting), except temporary appointments to the summer session staff which are governed by Executive Memorandum No. B-5. It does not apply to administrative/professional staff members, adjunct appointees, lecturers, or to graduate student employees.

    2. New Appointments. All new appointments to the faculty are governed by this Memorandum and are made by executing Form 19 even if immediate tenure is a condition of appointment.

    3. Existing Appointments -- Tenured Faculty. The appointments of faculty members who have acquired tenure as of the Effective Date (as defined above) continue in effect without the execution of Form 19, subject to the provisions of Executive Memorandum No. B-48, as revised or supplemented from time to time, and the other provisions of this Memorandum.

    4. Existing Appointments -- Non-Tenured Faculty. The appointments of faculty members who have not acquired tenure as of the Effective Date are governed by the provisions of this Memorandum and are subject to the following special provisions:

      1. The appointment of a non-tenured faculty member who was given notice prior to the Effective Date that his or her appointment would terminate on or after the Effective Date, will terminate in accordance with such notice and will not be renewed or extended.

      2. The appointment of a non-tenured faculty member evidenced by Form 16 executed prior to the Effective Date and which expires on a specified date subsequent to the Effective Date, will not require re-execution of Form 19 but will, of course, terminate on such specified expiration date. If a subsequent appointment which in some cases may be based on a commitment to extend employment beyond the date indicated on Form 16 is offered to such person, it shall be made by executing Form 19.

      3. The appointment of a non-tenured faculty member evidenced by Form 16 executed prior to the Effective Date and which expired on a date specified therein prior to the Effective Date but which has been informally continued from year to year after such expiration date and which has not expired prior to the Effective Date, and when the non-tenured faculty member has not been given notice of termination prior to the Effective Date, will terminate on December 31, 1978 (for those appointed on a fiscal-year basis) or on May 13, 1979 (for those appointed on an academic-year basis), whichever is applicable (the latter date may vary depending on campus). This Executive Memorandum will constitute notice of such termination. If a subsequent appointment is offered to such person, it shall be made by executing Form 19.

    5. Duration of New Appointments. All appointments to the faculty made after the Effective Date will be made for a definite term specified in Form 19.

      All initial appointments must have prior approval of the Board of Trustees. No appointments will be automatically renewed or extended but will expire at the end of the term specified unless prior thereto: (a) the term of the appointment has been extended as provided in paragraph 6 below; (b) the faculty member has acquired tenure (see paragraph 8 below); or (c) the appointment has been terminated for special reasons before the end of the specified term (see paragraph 7 below).

    6. Extension of Appointment.

      1. Except by execution of Form 19 by the faculty member and by the President, or duly authorized designee, no officer or employee of the University is authorized to represent or agree that the term of any appointment to the faculty will be extended. Extension agreements shall be subject to the same limitation on duration as set forth above in paragraph 5.

        1. If the University does not intend to extend the term of appointment of a non-tenured faculty member, who is serving a probationary period, the University shall give him or her a written notice on Form 19E of such intention within the following applicable time period: at least three months before the expiration date, if given during the first year of employment; at least six months before the expiration date, if given during the second year of employment; and at least 12 months before the expiration date, if given after the second year of employment. The University' s notice of expiration Form 19E may be given by the President, or such person or persons as the President may designate.

        2. If the University does not intend to extend the term of appointment of a non-tenured faculty member who is ineligible for tenure, it shall give him or her written advance notice on Form 19E of such intention at least one month for each year of previous service, with a maximum of 12 months, prior to termination.

        3. A faculty member is expected not to resign a fiscal-year appointment after June 1 if he or she is tenured or serving the probationary period for tenure; or if holding an academic-year appointment, he or she is expected not to resign after July 1 for the subsequent year except under conditions established and approved by the President of the University.

        4. A faculty member who is ineligible for tenure is expected not to resign except after giving a one-month notice of intent to resign. Any shorter notice requires approval of and shall be subject to conditions established by the President of the University.

      2. The fact that Purdue University has entered into one or more extension agreements with any particular faculty member or with other faculty members (with or without an increase in salary) does not in any way obligate or bind the University to enter into an extension agreement or any subsequent extension agreement with that particular faculty member or with any other faculty member. No faculty member has any claim to an extension as a matter of right, and none should assume that an extension will be offered by the University. The University may exercise its prerogative of not extending the term of an appointment without a statement of reasons.

      3. For non-tenured faculty, both those eligible and ineligible for tenure, whose appointment has expired a new Form 19 will be required to continue employment.

    7. Termination During Term of Appointment. The University may terminate the employment of any tenured or non-tenured faculty member before the end of the term of appointment (or any extension thereof) for cause (as defined in Executive Memorandum No. B-48, as now or hereafter revised), because of discontinuance of the work or of the position assigned to the faculty member or of the department or school to which the faculty member is assigned, or because of unavailability of funds. If the University proposes to terminate the appointment of a tenured faculty member or the appointment of a non-tenured faculty member before the end of the term of his or her appointment, the procedures set forth in Executive Memorandum No. B-48, as now or hereafter revised, shall be followed. It should be noted that such procedures do not apply to cases in which the appointment of a non-tenured faculty member has expired or will expire by its term and the University elects not to give such person a new appointment or to extend the term of his or her appointment.

    8. Tenure. Tenure at Purdue University is a matter of policy and not a legal obligation binding on the University. Tenure policies are subject to change by the Board of Trustees, and all appointments are subject to any such changes. It is the current policy of the University to extend the appointments of faculty members who have attained tenure status, subject always to the availability of funds, the continuance of activities in the area of employment, and the University's right to terminate the appointment for cause. So long as that policy is in effect, the employment of faculty holding tenure will be automatically continued from year to year without requiring annual execution of Form 19. Tenure is effective only at the particular campus of the University at which it was acquired. Reference is made to Executive Memorandum No. B-48, as now or hereafter revised, for a statement of the tenure policy of the University.

    9. Administrative Appointments. Persons who are appointed to the faculty may at the same time or at a later time be appointed to an administrative position, e.g., head of a department or dean of a school. Administrative appointments of tenured as well as non-tenured faculty members are made and continue in existence solely at the option of the University and may be terminated at any time without cause. The termination of an administrative appointment does not thereby terminate or otherwise affect the status of a faculty appointment.

    10. Salary Payments.

      1. Salaries for academic-year employees are paid in 10 equal installments- the middle of the months of September, October, November, and December; the first working day in January; and the last working day in January, February, March, and April; and the day preceding or following Spring Commencement which may vary from year to year.

      2. Salaries for fiscal-year employees are paid in 12 equal installments: the last working day of each month with the exception of December; payment for December will be made on the first working day in January.

      3. If for any reason service ceases before the term of appointment is ended, payment shall be at the contracted rate for the time of actual service and no allowance shall be made for the uncompleted term of employment.

      4. The rate of pay is subject to modification in the event that there is any legislative reduction in the State or Federal appropriations from which such compensation is paid. Salaries derived from other sources will be paid only to the extent of funds available.

    11. Staff Benefits for Eligible Faculty.

      1. All eligible appointees to the faculty of the University holding rank equivalent to Instructor or above are required to participate. in the group insurance programs of the University and to make the stipulated payments thereunder as provided by the policies established by the Trustees.

      2. All appointees to the faculty eligible for participation in one of the retirement annuity plans will enter into the regular contract arrangements for such retirement annuity with the Teachers Insurance and Annuity Association of America.

      3. All eligible faculty are entitled to the staff benefit program described in Executive Memoranda Nos. B-11, B-17, B-19, B-22, and the Faculty Handbook, as now or hereafter revised.

    12. Miscellaneous.

      1. All members of the faculty are under obligation to become familiar with the general administrative practices and requirements of the University as set forth in the University Code and in Executive Memoranda. It is incumbent upon all members of the faculty engaged in teaching to be familiar with all regulations relating to students, not only those contained in the University Code as now published, but also those adopted from time to time by the Faculty or the Trustees. University policies and regulations relative to political activities of the staff are prescribed in Executive Memorandum No. B-4, or succeeding documents, and the policies and regulations concerning patent rights and copyrights are prescribed in Executive Memorandum No. B-10, or succeeding documents. Should a faculty member desire to engage in Outside Activities, he or she must request approval by completing President's Office Form 32.

      2. Waiver or Modification of the Memorandum. No officer or employee of Purdue University is authorized to waive any of the provisions of this Memorandum or of Form 19. The provisions of this Memorandum and Form 19 may be modified from time to time by the Board of Trustees or by the President of the University. By accepting appointment to the faculty and executing Form 19, each faculty member agrees that all such modifications shall become a part of his or her employment agreement as of the date of such modification, provided that no modification shall reduce any salary except as stated in paragraph 10 D.

      3. Conflicts With Other Regulations. This Memorandum supersedes all existing policies, rules, and regulations establshed or issued by or on behalf of the University which are in conflict herewith.

Arthur G. Hansen
President