13.1

Eligible members who wish to apply for tenure (Article 7.4) must apply in writing to their Dean/Director no later than 1 October. By 15 September, Deans/Directors shall notify all members whose terms of appointment require that they be considered in that year. Applications and supporting dossiers, as per Article 13.2, must be received by 1 October. By 5 October, Deans/Directors shall send the names of all candidates to relevant Departments. By 20 October, Deans/Directors shall send the names of all candidates to the Chair of the relevant Faculty/Unit Tenure Committee and to the Chair of the University Tenure Committee.

13.2

Candidates shall prepare a dossier documenting their academic and professional records in terms of the qualifications by rank outlined in Article 8. It is the candidate's responsibility to see that the dossier includes all information to be considered. All information on which tenure recommendations and decisions are to be based, including substance and sources, shall be added to the dossier. No anonymous or unverified material will be admitted for consideration or added to a dossier. Candidates shall be informed of all additions to the dossier. Departments, Deans/Directors, and Faculty Tenure Committee can only add new information to the dossier, other than their recommendations (as required in Articles 13.3 and 13.4), with agreement of the candidate. The contents of this dossier shall be available for inspection by the Department, the Faculty/Unit Tenure Committee, the Dean/Director, the University Tenure Committee, and the President at the appropriate stages of deliberation. Candidates have the right to request, in writing, to the Dean/Director that material be removed from their dossier. Any disputes between the member and the Dean/Director on the removal of material from the member's dossier will be referred to the Joint Administrative Committee for resolution. Candidates have the right to inspect their dossier at any point, and to rebut any item. The candidate's additions to the dossier are restricted to rebuttals, changes in status or clarification - but not content - of extant materials included when the dossier was originally submitted. The contents of the original dossier must be itemized by the applicant. All additions to the dossier, including sources and dates, must also be itemized. Once it has been submitted, the candidate's Dean/Director is responsible for maintaining the dossier, informing the candidate of any additions, and ensuring that Committee members and the candidate have convenient, secure, and unprejudiced access to the dossier.

13.3

Members of a candidate's Department, excluding members elected to the Faculty and/or the University Tenure Committee, shall meet with the candidate before 15 October, and shall formulate recommendations based upon the relevant sections of this Collective Agreement. The Department's recommendations will be sent to the relevant Dean/Director, the Chair of the Faculty/Unit Tenure Committee, and to the Chair of the University Tenure Committee by 1 November, with copies to the candidate. Departmental recommendations, which shall include written reasons, shall be signed by each member of the Department who voted in favour of the recommendation, with the exception of the candidate (and members elected to the Faculty/Unit and/or the University Tenure Committee). Abstentions or dissenting viewpoints will be supported by written reasons which must be substantive and clearly related to qualifications by rank and criteria for tenure, and sufficiently specific to enable the candidate to know the basis for the recommendation.

In the case of candidates who are not members of a Department composed of at least three (3) members, the Dean/Director, in consultation with the candidate, shall designate a "non-Departmental Committee", excluding members elected to the University Tenure Committee, consisting of at least three (3) members whose discipline areas are as closely related to the candidate's as possible. Candidates will be permitted two (2) vetoes in this selection process.

13.4

By 15 September each faculty/unit with candidates for tenure shall strike a Faculty/Unit Tenure Committee composed of five (5) tenured members elected by and from the members. The Faculty/Unit Tenure Committee shall, by 15 October, select one (1) of its members to chair the Committee. The candidate shall meet with the Faculty/Unit Tenure Committee by 7 November. Decisions on recommendations will be reached by simple majority. The Chair will vote.

The Committee shall send its recommendation to the Chair of the University Tenure Committee by 15 November, with copies to the candidate, the Department, and the Dean/Director. The Committee's recommendations, as well as any abstentions or dissenting viewpoints, shall be supported by written reasons which must be substantive and clearly related to qualifications by rank and criteria for promotion.

13.5

Candidates shall meet with their Dean/Director before 7 November. A copy of the Dean's/Director's recommendation will be sent to the candidates, their Departments, and to the Chair of the University Tenure Committee by 15 November.

13.6 University Tenure Committee

By 1 October, a University Tenure Committee shall be struck consisting of:

A quorum at all meetings will consist of six (6) members, plus the Chairperson.

Decisions on recommendations will be reached by simple majority in an open and recorded vote, with the Chair voting only in the event of a tie. Committee members shall absent themselves from discussion and voting when candidates for whom they have prepared recommendations are considered.

The Committee may request to meet with the candidate, their designate(s), or with anyone who has submitted recommendations. Deans/Directors who have prepared recommendations must appear before the Committee if requested.

The candidate may appear before the University Tenure Committee, and may be accompanied by advisors/spokespersons. The candidate shall be informed of when witnesses are to appear before the University Tenure Committee, and shall have the right to be present, and to question evidence presented. The candidate may also call witnesses. The candidate may enlist the aid of the Union or CAUT. Nothing in this Article shall be construed as requiring a member to appear before the Committee.

Minutes of proceedings, the names of witnesses heard, and copies of evidence received, shall be available to members of the Committee and to the candidate.

The Committee's recommendations will normally be sent to the President by 15 December, with copies to candidates, Departments, Deans/Directors, and the Union.

The Committee's recommendations, signed by those members who voted in favour of the recommendation, as well as any abstentions or dissenting viewpoints, shall be supported by written reasons which must be substantive and clearly related to qualifications by rank and criteria for tenure, and be sufficiently specific to enable the candidate to know the basis for the recommendation.

13.7

All recommendations and decisions on Tenure shall indicate whether the candidate should:

13.8

Tenure recommendations approved by the President shall be implemented by 31 January, with copies to candidates, Departments, Deans/Directors, and the Union. Negative decisions shall be sent by 31 January to the candidates with copies to Departments, Deans/Directors, and the Union. Negative recommendations or decisions shall be accompanied by a statement of reasons. Reasons must be substantive, clearly related to the qualifications by rank and criteria for Tenure, and sufficiently specific to enable the candidate to know the basis for the recommendation or decision.

13.9 Criteria for Tenure

Tenured appointments will be offered as first appointments normally only to individuals who are to be appointed at a rank of Associate Professor, Professor, Professional Associate III, or Professional Associate IV. A Selection Committee, in considering a Tenured Appointment as a first appointment, shall base its recommendation on the criteria outlined in this Article. Members with probationary appointments shall be considered for tenure at the appropriate time according to Article 7 (Probation). Tenurable ranks are Assistant Professor, Associate Professor, Professor, and Professional Associate II, III, and IV.

13.10

Tenure recommendations and decisions shall be based upon the qualifications by rank (Article 8) as well as upon Article 13.11 below. In applying the criteria to persons in academic rank, all relevant factors included in Articles 8.2, 8.3 and 8.4, shall be taken into account. In applying the criteria to members in the Professional Associate ranks, all relevant factors in Article 8.5 shall be taken into account, in light of the job description stipulated in Article 8.5.1(e) and Appendix B.

13.11

Recommendations and decisions must take into account the applicant's entire academic career and carefully examine the candidate's performance on all criteria in accordance with accepted norms of scholarly and creative activity and teaching adequacy. Recommendations and decisions must also take into account the candidate's progress in the various criteria and the context of teaching and scholarly activity at Brandon University. In Tenure decisions on Assistant, Associate or Full Professor, documented excellence in teaching attainment or in scholarship/research may compensate for achievements short of that specified in Articles 8.2 and 8.4 in one (1) of the other criteria. In Tenure decisions for Professional Associates, documented excellence in professional experience or professional attainment may compensate for achievement less than that specified in Article 8.5 in one (1) of the other criteria. It is understood that there must be some demonstrated activity and accomplishment in the area for which compensation is being claimed.

13.12 Tenure Appeals

These appeal procedures replace grievance and arbitration (Article 6) for Tenure procedures and decisions. The decision of the Tenure Appeals Committee shall be final and binding on both parties and the member. The Tenure Appeals Committee is an Arbitration Board under the Manitoba Labour Relations Act.

13.13

Members denied Tenure may appeal to the Tenure Appeals Committee within ten (10) working days of notification. A copy of the appeal, specifying the grounds on which it is based, shall be sent to the Chair of the Tenure Committee and the President.

13.14

By 1 October, a Tenure Appeals Committee shall be struck composed of one (1) member of Associate Professor or Professor (or equivalent) rank appointed by the Union, a Dean/Director or tenured member or the Senate representative on the Board of Governors appointed by the President, and a Chairperson chosen by the first two (2) from among tenured members. If the first two (2) cannot agree upon a Chairperson within one (1) week, he/she shall be chosen by random selection by the Joint Administrative Committee from among tenured members, with each party having three (3) exclusions. Members of the Tenure Committee and candidates for tenure cannot serve on the Tenure Appeals Committee. Members of the Appeals Committee may not have participated within the past eighteen (18) months in the preparation of recommendations for candidates whose appeals are to be reviewed.

13.15

The Tenure Appeals Committee shall utilize the procedures set out by the Manitoba Labour Relations Act, shall begin to hear appeals within one (1) week of their being entered, and shall normally make its decision within one (1) month of hearing the appeal. Witnesses shall give sworn testimony and are subject to cross-examination. Decisions shall be sent to the President for implementation, with copies to the appellants, Departments, the Chair of the University Tenure Committee, Deans/Directors, and the Union.

13.16

If the Tenure Appeals Committee finds in favour of the appellant, and if the appeal was on the grounds:

(a) that the decision of the President, or the recommendation of the University Tenure Committee was based on a misapprehension or misapplication of the criteria for tenure, or was otherwise arbitrary, capricious, discriminatory, or in bad faith, or (b) that the decision/recommendation was discriminatory (per Article 4), or (c) that the decision/recommendation violated the appellant's academic freedom (per Article 5),

then the Tenure Appeals Committee may overturn the decision of the President and offer a Tenured Appointment or grant a one (1) year extension of the probationary appointment. If the appeal was on any other grounds than those outlined in subsections (a), (b), or (c), of this Clause, then the Tenure Appeals Committee may not overturn the decision, but may order the appropriate procedures to be repeated.

13.17

Reasonable costs associated with tenure and tenure appeals procedures will be borne by the Employer. Transcription services during meetings will not be provided.