(1) Tenured faculty members shall be evaluated periodically and
systematically in accordance with guidelines
developed by each institution.
(2) The purposes of post-tenure review are to:
(a) assure continued excellence in the academy,
(b) offer appropriate feedback and professional development opportunities
to tenured faculty,
(c) clearly link the level of remuneration to faculty performance, and
(d) provide accountability to the institution, public, and Board.
(3) Institutions shall develop post-tenure review guidelines in accordance
with the objectives and guidelines
promulgated in IMD 4.002, OAR
580-021-0135(3), and OAR 580-021-0005(3)(A). Stat. Auth. ORS 351 Stats.
Implemented: ORS Hist: HEB 3-1978,
f & ef. 6-5-78, HEB2-1999, f. & ef. 3-1-99
580-021-0320 Termination and Other Sanctions for Cause
The appointment of a tenured or nontenured academic staff member may be terminated, or other sanctions imposed, for cause. Sanctions for cause include oral or written warning or reprimand, removal from an assigned post and reassignment, suspension for a period not to exceed one year and termination. Sanctions more severe than oral or written warning or reprimand shall be imposed in accordance with the procedure in OAR 580-021-0325 through 580-021-0385. Sanctions of oral or written warning or reprimand may be imposed in accordance with institutional procedures.
Stat. Auth.: ORS
351 Stats. Implemented: ORS
351.070 Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 5-1996, f. &
cert. ef. 12-18-96
(1) "Cause" shall mean:
(a) Conviction of a felony or of a crime involving moral turpitude during
the period of employment by the Department (or prior thereto if the conviction
was willfully concealed in applying to the Department for employment);
(b) Conduct proscribed by OAR 580-022-0045; or
(c) Failure to perform the responsibilities of an academic staff member, arising out of a particular assignment, toward students, toward the faculty member's academic discipline, toward colleagues or toward the institution in its primary educational and scholarly functions and secondary administrative functions of maintaining property, disbursing funds, keeping records, providing living accommodations and other services, sponsoring activities and protecting the health and safety of persons in the institutional community.
(2) Evidence to demonstrate cause under the standard set forth in subsection (1)(c) of this definition of "cause" may include, but is not limited to, evidence of incompetence; gross inefficiency; default of academic integrity in teaching, research or scholarship; intentional or habitual neglect of duty and failure to perform adequately for medical reasons.
Stat. Auth.: ORS 351 Stats. Implemented: ORS 351.070 Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 5-1996, f. & cert. ef. 12-18-96
Procedures to impose applicable sanctions may be instituted against any person engaging in any of the following proscribed conduct:
(1) Obstruction or disruption of teaching, research, administration, disciplinary procedures, or other institutional activities, including the institution's public service functions or other authorized activities on institutionally owned or controlled property;
(2) Obstruction or disruption interfering with freedom of movement, either pedestrian or vehicular, on institutionally owned or controlled property;
(3) Possession or use of firearms, explosives, dangerous chemicals, or other dangerous weapons or instrumentalities on institutionally owned or controlled property, unless expressly authorized by law, Board, or institutional rules (for purposes of this section, absence of criminal penalties shall not be considered express authorization);
(4) Detention or physical abuse of any person or conduct intended to threaten imminent bodily harm or endanger the health of any person on any institutionally owned or controlled property;
(5) Malicious damage, misuse or theft of institutional property, or the property of any other person where such property is located on institutionally owned or controlled property, or, regardless of location, is in the care, custody or control of an institution;
(6) Refusal by any person while on institutional property to comply with an order of the president or appropriate authorized official to leave such premises because of conduct proscribed by this rule when such conduct constitutes a danger to personal safety, property, educational, or other appropriate institutional activities on such premises;
(7) Unauthorized entry to or use of institutional facilities, including buildings and grounds;
(8) Illegal use, possession, or distribution of drugs on institutionally owned or controlled property;
(9) Inciting others to engage in any of the conduct or to perform any of the acts prohibited herein. Inciting means that advocacy of proscribed conduct that calls on the person or persons addressed for imminent action, and is coupled with a reasonable apprehension of imminent danger to the functions and purposes of the institution, including the safety of persons, and the protection of its property;
(10) Violating the Board's Policy for Intercollegiate Athletics as described in Section 8 of the Internal Management Directives, specifically including the subsection thereof entitled Code of Ethics.
[Publications: The publication(s) referred to or incorporated by reference in this rule are available from the agency.] Stat. Auth.: ORS 351.070 Stats. Implemented: ORS 351.070 Hist.: HEB 3-1978, f. & ef. 6-5-78; HEB 3-1983, f. & ef. 3-17-83; HEB 1-1991, f. & cert. ef. 2-14-91; HEB 1-1993, f. & cert. ef. 2-5-93; HEB 5-1996, f. & cert. ef. 12-18-96
Recognizing that the quality of higher education is inextricably tied
to the quality of faculty, the Board reaffirms its
commitment to tenure, academic freedom, and maintaining an environment
that supports sustained performance in teaching, research, and service.
Further, the Board recognizes the rigorous, multi-year process to which
probationary faculty submit prior to the awarding of tenure, as well as
the numerous ways in which tenured faculty performance is reviewed thereafter
(e.g., student ratings of instruction peer review of scholarly work, competitive
sponsored research grants, juried exhibits and artistic performance. Nevertheless,
for the purposes of more comprehensive review after tenure has been conferred
and in accordance with the purpose stated in OAR 580-021-0140 each institution
shall develop post-tenure review guidelines, which shall be filed with
the Chancellor's Office. Institutional guidelines shall include, but not
be limited to:
(1) a statement of post-tenure
review guidelines;
(2) a statement of criteria to
be used in evaluation, the nature and kinds of data that will be accumulated,
and the
methods of data collection;
(3) a designation of person making
evaluation;
(4) a designation of frequency
and regularity of evaluation;
(5) a description of the institutional
plan for relation post-tenure reviews to the faculty reward system so that
annual
salary-adjustment decisions (i.e.,
increase, no increase, decrease) will reflect the result of performance
evaluations;
(6) a description of appropriate
formative opportunities (e.g., professional development plan, faculty career
support
program [IMD 4.001]);
(7) a description of the institutional
plan to deal firmly but humanely with situations in which a faculty member's
competence of vitality have diminished
to such an extent that formative opportunities are unable to sufficiently
stimulate or assist the faculty
member's return to a fully effective state. Any personnel actions for cause
shall be
implemented in accordance with
OARs 580-021-0320 through 580-021-0470.