Interpretation of the Term "Incompetence" by the University Committee on Faculty Tenure - Faculty Handbook
IV. ACADEMIC HUMAN RESOURCES POLICIES (Cont.)
Incompetence is one of several possible causes for the discipline or dismissal of tenure system faculty members. 1 Exercising its authority under sections 4.7.4 and 4.7.5 of the Bylaws for Academic Governance, the UCFT issued this statement on March 24, 1999 as an interpretation of the term "incompetence" in the Dismissal of Tenured Faculty for Cause policy, one of the "rules of tenure" at Michigan State University.
Interpretation
As used in the University policy on Dismissal of Tenured Faculty for Cause, the term "incompetence" refers to faculty performance of assigned duties and responsibilities. Faculty members may be found to be incompetent if:
- their performance is judged to be substantially below their relevant unit's(s') standards and criteria for acceptable faculty performance;
- they have been offered a meaningful development opportunity, the goal of which is to improve their performance to meet their relevant unit's(s') standards and criteria for acceptable faculty performance; and
- they have not improved their performance to meet the relevant unit's(s') standards and criteria as a result of development activities within a reasonable time period.
Expectations for Implementation
In issuing this interpretation, the University Committee on Faculty Tenure expects the following will apply:
- Dismissal of faculty members for incompetence is an extreme remedy, and other avenues, including the disciplinary procedures described in the Policy and Procedure for Implementing Disciplinary Action Where Dismissal Is Not Sought, should be carefully considered as possible alternatives to correct unacceptable performance.
- Colleagues in departments and schools play a primary role in determining if individuals are competent to serve as faculty members at Michigan State University. The search, appointment and tenure processes provide the mechanisms that units use to judge whether an individual is suitable for appointment to the faculty. Similarly, units (and especially the department chair) have primary responsibility to identify those rare cases where faculty members belonging to their unit are no longer competent to perform their duties at an acceptable level. The annual review of faculty performance plays a central role in evaluating faculty performance and communicating with faculty about the strengths and weaknesses of their performance. The University community expects that each department, college, and school has in place a process of annual faculty review consistent with the statement on Faculty Review issued on February 11, 1997.
- Performance reviews in different units use different terms to describe levels of performance. Whatever the specific label, unacceptable performance is performance of duties at such an unsatisfactory level that it cannot be allowed to continue. Because of the serious consequences of this evaluation, it is recommended that faculty colleagues in the department or school (or, if necessary, from outside the university) review a unit administrator's determination that an individual's performance is unacceptable.
- Faculty members whose performance is found to be unacceptable must reasonably expect to know in writing:
- which standards and criteria they must meet to reach acceptable levels of performance in the relevant unit(s);
- within what time period their performance must be remediated; and
- the developmental opportunities in which they should engage to remediate their performance.
- The University Committee on Faculty Tenure's statement entitled "Long-Term Disability: An Interpretation of the Tenure Rules" will continue to govern situations involving a tenured faculty member's physical or mental incapacity to carry out the responsibilities for which he or she was appointed.
- A faculty member's choice of topic or subject for scholarly research or creative endeavors is an exercise of her or his academic freedom rights. Particularly in evaluating unpopular, unfashionable, or unusual research or creative scholarly activities, care must be used to ensure that faculty members' academic freedom rights are respected. In such cases, external peer review should be obtained.
1 Policy and Procedure for Implementing Disciplinary Action Where Dismissal Is Not Sought and Dismissal of Tenured Faculty for Cause.
