4.09 Reappointment and Non-reappointment

POLICY OVERVIEW

The University of Texas Health Science Center at Houston (“university”) reaffirms reappointment via an individual letter of notification.

Although each faculty member should receive a letter of reappointment, letters occasionally do not reach faculty members. If a faculty member does not receive a letter of reappointment, the following guidelines apply:

Tenured and Tenure-Track Faculty Members: A tenured or tenure-track faculty member may assume reappointment even if no letter of reappointment is received. If no letter is received, the faculty member must contact the department chair to verify appointment status. If the faculty member is not to be reappointed, the faculty member will receive notification of non-reappointment according to the process described in the Procedure section, below.
Nontenure-Track Faculty Members: If a nontenure-track faculty member does not receive a letter of reappointment or notification of nonreappointment, the faculty member must contact the department chair or the applicable dean to verify appointment status. Nontenured faculty members should not assume, and are not guaranteed, continued employment beyond the period of the current appointment.

POLICY CONTACT

Faculty with questions regarding this policy should contact the applicable Dean’s office.

PROCEDURE

The appropriate written notification of reappointment is delivered to the faculty member. Letters of non-reappointment will be sent by certified mail, return receipt requested. Each faculty member must maintain a current address in his/her department. Reappointment letters sent to faculty members in MSRDP and DSRDP are distinct from those sent to other faculty members and are intended to ensure MSRDP and DSRDP faculty members are aware of their responsibilities regarding professional fees, research funds and outside bank accounts.

I. Notification of Non-reappointment

Faculty in jeopardy of non-reappointment due to inadequate performance should be counseled and reassessed by the chair or equivalent in the faculty member's annual review(s) prior to the chair making any decision not to reappoint (refer to HOOP Policy 4.07 Faculty Review).The department chair or equivalent may, at his or her discretion, provide a reason for non-reappointment.

A. Non-Tenure-Track Faculty Members

Non-tenure-track faculty members will be notified of nonreappointment no later than August 31 of the current year; however, they will be given as much advance notice as possible of nonreappointment.

B. Non-Tenured, Tenure-Track Faculty Members

Except in cases of dismissal for good cause (refer to HOOP Policy 4.08 Termination for Good Cause), the following schedule will be used by the schools to notify nontenured, tenure-track faculty they will not be reappointed.

Year of probationary service	Receive notification by	Termination date effective as of
First	March 1	August 31 of same (calendar) year
Second	December 15	August 31 of following (calendar) year
Third and over	August 31	August 31 of following (calendar) year

C. Tenured Faculty

Tenured faculty members will not be reappointed only in cases described in HOOP Policies 4.07 Faculty Review, 4.08 Termination for Good Cause, 2.55 Financial Exigency, and 2.56 Academic Program Closure.

II. Contesting Non-reappointment

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 the United States. 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 would support a conclusion the decision was made for unlawful reasons, the allegations will be heard under the same procedures as for dismissal for cause (refer to HOOP Policy 4.08 Termination for Good Cause) with the following exceptions:

The burden of proof lies with the faculty member, who must establish at the hearing, by weight of credible evidence, the decision in question was made for reasons that are unlawful under the laws or constitution of this state or the United States.
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.

Updated 10/01, 08/07, 06/08