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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 applicants to relevant Departments. By 20 October, Deans/Directors shall send the names of all applicants to the Chair of the relevant Faculty/Unit Tenure Committee and to the Chair of the University Tenure Committee.
Applicants shall prepare a dossier documenting their academic and professional records in terms of the qualifications by rank outlined in Article 8. It is the applicant'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. Applicants 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 applicant. 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. Applicants have the right to request, in writing, to the Dean/Director that material be removed from their dossier. Any disputes between the applicant and the Dean/Director on the removal of material from the applicant's dossier will be referred to the Joint Administrative Committee for resolution. Applicants have the right to inspect their dossier at any point, and to rebut any item. The applicant'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 applicant's Dean/Director is responsible for maintaining the dossier and informing the applicant of any additions.
For the duration of the University Tenure Committee deliberations, the applicant's dossier shall be housed in the office of the Dean of the Faculty of the Chair of the University Tenure Committee. For the duration of the President's deliberations, the applicant's dossier shall be housed in the office of the President. For the duration of the University Tenure Appeals Committee deliberations, the applicant's dossier shall be housed in the office of the Vice-President. At each stage of the process, the office responsible for the dossier will ensure that Committee members and the applicant have convenient, secure, and unprejudiced access to the dossier.
Members of an applicant's Department, excluding the Dean/Director and those members elected or appointed to the Faculty/Unit and/or the University Tenure Committee or the Tenure Appeals Committee, shall meet with the applicant before 15 October, and shall formulate recommendations based upon the relevant sections of the 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 applicant. 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 applicant (and members elected or appointed to the Faculty/Unit and/or the University Tenure Committee or the Tenure Appeals 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 applicant to know the basis of the recommendation.
In the case of applicants who are not members of a Department composed of at least three (3) members, the Dean/Director, in consultation with the applicant, shall designate a "non-Departmental Committee", excluding members elected or appointed to the University Tenure Committee or the Tenure Appeals Committee, consisting of at least three (3) members whose discipline areas are as closely related to the applicant's as possible. Applicants will be permitted two (2) vetoes in this selection process.
By 15 September each faculty/unit with applicants 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 applicant 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 applicant, 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 tenure.
Applicants shall meet with their Dean/Director before 7 November. A copy of the Dean's/Director's recommendation will be sent to the applicants, their Departments, and to the Chair of the University Tenure Committee by 15 November. The Dean/Director's recommendation shall be supported by written reasons which must be substantive and clearly related to the qualifications by rank and criteria for tenure and sufficiently specific to enable the applicant to know the basis for the recommendation.
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 applicants for whom they have prepared recommendations are considered. The Committee may request to meet with the applicant, their designate(s), or with anyone who has submitted recommendations. Deans/Directors who have prepared recommendations must appear before the Committee if requested.
The applicant may appear before the University Tenure Committee, and may be accompanied by advisors/spokespersons. The applicant 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 applicant may also call witnesses. The applicant 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 applicant.
The Committee's recommendations will normally be sent to the President by 15 December, with copies to applicants, 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 applicant to know the basis for the recommendation.
All recommendations and decisions on Tenure shall indicate whether the applicant should:
Tenure recommendations approved by the President shall be implemented by 31 January, with copies to applicants, Departments, Deans/Directors, and the Union. Negative decisions shall be sent by 31 January to the applicants 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 applicant to know the basis for the recommendation or decision.
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.
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.
Recommendations and decisions must take into account the applicant's entire academic career and carefully examine the applicant'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 applicant'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.
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.
Applicants not granted 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.
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 applicants 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 applicants whose appeals are to be reviewed.
If the member appointed by BUFA, the member appointed by the President, or the Chair selected by the other two members, or any combination thereof, is subsequently unable to serve, then those members of the Appeals Committee that have already been chosen shall remain in place. The member(s) unable to serve shall be replaced utilizing the same process as the appointment of the original member(s).
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.
If the Tenure Appeals Committee finds in favour of the appellant, and if the appeal was on the grounds:
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.
Reasonable costs associated with tenure and tenure appeals procedures will be borne by the Employer. Transcription services during meetings will not be provided.
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