Bill Summary – FastDemocracy

02-06-24 2:43 PM                                                     1st Sub. (Buff) H.B. 438
         (3) Beginning July 1, 2024, a tenured faculty member may be dismissed from
  employment at a degree-granting institution:
         (a) for cause, including:
         (i) professional incompetence;
         (ii) serious misconduct or unethical behavior;
         (iii) legal misconduct substantially related to the performance of duties;
         (iv) serious violations of board or institution rules;
         (v) the conviction of a crime affecting the fitness of the tenured faculty member to
  engage in teaching, research, service, outreach, administration, or other assigned duties;
         (vi) falsified credentials or plagiarism; or
         (vii) inability or unwillingness to meet institutional expectations, including failure to
  address deficiencies outlined in a remediation plan following post-tenure review;
         (b) if the program in which the tenured faculty member works is discontinued by the
  degree-granting institution or modified to such a degree that the tenured faculty member's
  position is no longer needed; and
         (c) in the event of financial exigency of the degree-granting institution.
         (4) Policies governing dismissal of a tenured faculty member for cause shall include, at
  a minimum:
         (a) notice to the tenured faculty member of the alleged cause, including any evidence
  supporting the allegation;
         (b) providing reasonable time and opportunity for the tenured faculty member to
  respond;
         (c) a hearing before an independent board of tenured faculty peers;
         (d) a written determination on the issue, including a determination of termination or
  continued employment; and
         (e) an appeals process ending with the final decision of the president of the
  degree-granting institution.
         (5) A tenured faculty member who is being dismissed because the program in which
  the tenured faculty member works is discontinued or modified, as described in Subsection
  (3)(b), or in the event of financial exigency of the degree-granting institution, as described in
  Subsection (3)(c), shall receive º [:] severance in accordance with the terms of the tenured
149a faculty member's employment contract. »
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        1st Sub. (Buff) H.B. 438                                                    02-06-24 2:43 PM
        º [(a) a minimum of six months notice before the termination; or
        (b) six months of salary and benefits in lieu of six months notice.] »
        (6) Nothing in this section prohibits a president of a degree granting institution from
 creating additional policies and processes regarding discipline of a tenured faculty member.
        (7) Beginning July 1, 2024, a degree-granting institution shall conduct, and a tenured
 faculty member shall receive:
        (a) an annual performance review of the tenured faculty member's performance; and
        (b) a post-tenure review, as described in Subsection (9).
        (8) A president of a degree-granting institution shall ensure that each program or
 department at the degree-granting institution has policies describing the minimum performance
 of a tenured faculty member for use in a post-tenure review.
        (9) A post-tenure review shall:
        (a) be conducted by a committee of:
        (i) tenured faculty member peers, appointed by the appropriate vice president at the
 degree-granting institution, including at least two individuals appointed from either a different
 department than the tenured faculty member going through post-tenure review, a different
 degree-granting institution than the tenured faculty member going through post-tenure review,
 or both; and
        (ii) the provost or the provost's designee; and
        (b) consist of a comprehensive review of the tenured faculty member's performance
 over the previous five years, including:
        (i) teaching assessment, including student evaluations, for all courses taught;
        (ii) the quality of the tenured faculty member's scholarly research;
        (iii) service to the profession, school, or community;
        (iv) annual performance reviews;
        (v) intellectual property owned wholly or partly by, or commercialization efforts
 attributed to, the tenured faculty member;
        (vi) the tenured faculty member's compliance with the degree granting institution's
 policies regarding the responsibilities and ethical obligations of faculty members; and
        (vii) any improvement plans for underperformance.
        (10) (a) If, following a post-tenure review, a tenured faculty member is found to not
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Statutes affected: 
Introduced: 53B-2-106
Enrolled: 53B-2-106
H.B. 438 1st Substitute : 53B-2-106
H.B. 438 2nd Substitute (Not Adopted) Text: 53B-2-106
Amended: 53B-2-106
H.B. 438 1st Substitute (Not Adopted) Text: 53B-2-106