Terms and Conditions of Employment of Faculty Members (B-50)
OFFICE OF THE PRESIDENT
EXECUTIVE MEMORANDUM No. B-50
(Supersedes Executive Memorandum No. B-50, Dated 28 July 1977)
March 16, 1979
To: Deans, Directors, and Heads of Schools, Divisions, Departments, and Offices, Regional Campus Chancellors, and Faculty Members
Re: Terms and Conditions of Employment of Faculty Members
- DEFINITION OF TERMS
- Faculty Members — Professors, Associate Professors, Assistant Professors, Instructors, Veterinary Interns, and Post-Doctoral employees. Adjunct appointees, affiliate appointees, associate appointees, and Lecturers are not included within this definition, nor are they included within or covered by any of the provisions of this Memorandum.
- Non-tenured Faculty — There are two types of non-tenured faculty:
- Members Eligible for Tenure — Faculty members with the rank of professor, associate professor, assistant professor, or instructor appointments, who hold either full-time faculty appointments, or part-time faculty appointments of not less than 50% of full-time (as further defined in Executive Memorandum No. B-48, as revised or supplemented from time to time), and who, at any given time, remain in probationary status and have not been given notice of non-renewal of their employment;
- Members not Eligible for Tenure — Faculty members who do not meet the criteria for the above category B. l.; also, those who have been given notice of non-renewal of their employment.
- Effective Date — Date this Memorandum was the Board of Trustees (16 March 1979).
- President or His Designee — The delegation outlined in Executive Memorandum No. B-31.
- 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.
- Form 19E — Official University notice of non-renewal of contract form.
This Memorandum sets forth the terms and conditions of employment of faculty members, as defined above, and applies to all existing and future appointments of faculty members, except temporary appointments for a summer session, which are governed by Executive Memorandum No. B-5. It does not apply to any persons other than faculty members as so defined.
- 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. All initial appointments, whether tenured or non-tenured, shall be subject to approval of the Board of Trustees.
- TENURED FACULTY
Existing Appointments — The appointments of faculty members who have previously acquired tenure 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.
- NON TENURED
- Existing Appointments — The existing appointment of each faculty member who has not acquired tenure as of the Effective Date of this Memorandum is or should be evidenced by an individually executed Form 19, the terms of which will not be affected by the adoption of this Memorandum. The existing appointment of any non-tenured faculty member who was given notice, prior to the Effective Date (pursuant to his or her Form 19 and to Executive Memorandum No. B-50 as previously in effect) that his or her appointment would terminate at a time on or after the Effective Date, will terminate in accordance with such notice and will not be renewed or extended.
- Duration of Appointments —
- All non-tenured faculty appointments will be for a definite term, with a specific end date expressly stated in the Form 19. If faculty members are hired with immediate tenure, Form 19 will provide for an indefinite term (subject to the provisions of Executive Memorandum No. B-48 as revised or supplemented from time to time).
- No non-tenured appointments will be automatically renewed or extended; except, that if a faculty member is granted tenure during the term of an originally non-tenured appointment, his or her appointment will be treated as having been extended for an indefinite term (subject to the provisions of Executive Memorandum No. B-48 as revised or supplemented from time to time). Notice of a decision not to renew a non-tenured appointment will be given as provided in section 5. C. below, except in cases governed by the following subsection (5. B. (3)).
- Persons ineligible for tenure may be appointed for a specific, limited time when there is no expectation of continuing the appointment beyond a certain date. In such cases, the Form 19 will indicate that the end date signifies termination date without further notice. In such instances the Form 19 serves as both the appointment form and the termination notice.
- Non-Renewal of Appointment Notice —
- If the University does not intend to renew or extend the term of appointment of a non-tenured faculty member, who is eligible for tenure and is serving a probationary period, the University shall give him or her written notice on Form 19E 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 on-renewal of contract Form 19E may be given by the President, or such person or persons as the President may designate.
- 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 of such intention by processing the Form 19E one month prior to termination for each year of continuous service immediately prior to the end-date, with a maximum of 12 months' advance notice, except where the provisions of subsection 5. B. (3) apply.
- Renewal or Extension of Appointments —
- All renewals or extensions of non-tenured faculty appointments shall be evidenced solely by execution of a new Form 19, which shall be subject to the same limitations as to duration, as set forth in section 5. B. above.
- Other than by execution of a new Form 19 by the President or his duly authorized designee, no officer or employee of the University is authorized to represent or agree, directly or indirectly, that the term of any non-tenured appointment to the faculty will or may be renewed or extended. The fact that the University may have 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 reason.
- 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. When a resignation letter is offered by the employee, the Form 19E is not required on the part of the University.
- 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 the conditions established by the President of the University. When a resignation letter is offered by the employee, the Form 19E is not required on the part of the University.
- 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 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.
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 more comprehensive statement of the tenure policy of the University.
- 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.
- SALARY PAYMENTS
- 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.
- 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.
- 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.
- The rate of pay is subject to modification in the event that there is any legislative reduction in the State and Federal appropriation from which such compensation is paid. Salaries derived from other sources will be paid only to the extent of funds available.
- STAFF BENEFITS
- 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.
- 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 TIAA.
- All eligible faculty are entitled to the staff benefit program described in Executive Memo Nos. B-11, B-17, B-19, B-22, and the Faculty and Staff Handbook, as now or hereafter revised.
- 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.
- 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.
- Conflicts with Other Regulations — This memorandum supersedes all existing policies, rules and regulations established or issued by or on behalf of the University which are in conflict herewith.
Arthur G. Hansen