23.0083.04000
Sixty-eighth
Legislative Assembly HOUSE BILL NO. 1446
of North Dakota
Introduced by
Representative Lefor
1 A BILL for an Act to create and enact two new sections to chapter 15-10 of the North Dakota
2 Century Code, relating to a pilot program for tenured faculty review at institutions of higher
3 education; and to declare an emergency.
4 BE IT ENACTED BY THE LEGISLATIVE ASSEMBLY OF NORTH DAKOTA:
5 SECTION 1. A new section to chapter 15-10 of the North Dakota Century Code is created
6 and enacted as follows:
7 Faculty tenure duties and responsibilities - Pilot program.
8 In response to the urgent need to accelerate workforce development, the state board of
9 higher education shall implement a four-year pilot program focused on the two new campus
10 models at Bismarck state college, now a polytechnic college, and Dickinson state university,
11 now a dual-mission university, no later than May 1, 2023, to improve the tenure process. The
12 pilot program may not apply to a research university. A tenured faculty member employed at an
13 institution of higher education under the control of the state board of higher education shall:
14 1. Generate more tuition or grant revenue than the combined total of the salary, fringe
15 benefits, compensation, and other expenses of the tenured faculty member plus all
16 other costs of employing the faculty member, including employment taxes. The
17 compensation costs of a tenured faculty member must be adjusted to reflect the
18 faculty member's assumption of administrative responsibilities and related lessening of
19 the faculty member's teaching responsibilities, where applicable.
20 2. Comply with the policies, procedures, and directives of the institution, the institution's
21 president and other administrators, the state board of higher education, and the North
22 Dakota university system.
23 3. Effectively teach and advise a number of students approximately equal to the average
24 campus faculty teaching and advising load.
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1 4. Engage in measurable and effective activities to:
2 a. Help recruit and retain students for the institution.
3 b. Help students achieve academic success.
4 c. Further the best interests of the institution including providing advice and shared
5 governance to campus leaders, and exercising mature judgment to avoid
6 inadvertently harming the institution, especially in avoiding the use of social
7 media or third-party internet platforms to disparage campus personnel or the
8 institution.
9 5. Perform all other duties outlined in any applicable contract and position description.
10 SECTION 2. A new section to chapter 15-10 of the North Dakota Century Code is created
11 and enacted as follows:
12 Faculty tenure review by presidents of institutions of higher education.
13 1. The president of each institution of higher education under the control of the state
14 board of higher education may review performance of any or all of the duties and
15 responsibilities under section 1 of this Act of any faculty member holding tenure at any
16 time the president deems a review is in the institution's best interest.
17 2. A review under subsection 1 may include a written assessment of whether the faculty
18 member is complying with the duties and responsibilities reviewed.
19 3. If a president determines a tenured faculty member has failed to comply with a duty or
20 responsibility of tenure, the president may not renew the contract of the tenured faculty
21 member, unless the president specifically articulates why it is in the interest of the
22 institution to continue to employ the faculty member despite the faculty member's
23 failure to comply with the duties and responsibilities of tenure.
24 4. The president of an institution may enlist the assistance of an administrator at the
25 institution to conduct a review but may not delegate responsibility for the review to a
26 faculty member who is not an administrator.
27 5. When conducting a review under this section, the president of an institution may
28 assess and review other factors relevant to the faculty member's employment and the
29 interests of the institution and the institution's students.
30 6. A review under this section is not appealable or reviewable by a faculty member or
31 faculty committee. The president is subject to review and assessment by the state
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1 commissioner of higher education and the state board of higher education for the
2 reviews the president conducts under this section.
3 7. The president and any administrators delegated to assist the president shall fulfill
4 these duties without fear of reprisal or retaliation. No complaint, lawsuit, or other
5 allegation is allowed against a president or other administrator for actions taken
6 pursuant to these provisions.
7 SECTION 3. EMERGENCY. This Act is declared to be an emergency measure.
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