Rule 31007: Tenure

1.  Title

Tenure

2.  Rule and Regulation

Sec. 1  Granting of Tenure.   Tenure denotes a status of continuing appointment as a member of the faculty at an institution of The University of Texas System. The granting of tenure means the entitlement of a faculty member of an institution of higher education to continue in the faculty member’s academic position unless dismissed by the institution for good cause in accordance with Regents’ Rule 31008. The granting of tenure may not be construed to create a property interest in any attribute of a faculty position beyond a faculty member’s continuing employment, including the faculty member’s regular annual salary and any privileges incident to the faculty member’s status as a tenured professor.

Sec. 2  Seven-Year Term Appointment.   The University of Texas M. D. Anderson Cancer Center and The University of Texas Health Science Center at Tyler are authorized to award a seven-year term appointment that will denote a status of continuing appointment at that institution as a member of the faculty for a period of seven years. Only members of the faculty with academic titles of Professor, Associate Professor, or Assistant Professor may be granted a seven-year term appointment. A seven-year term appointment may be granted at the time of appointment to any of such academic rank or may be withheld pending satisfactory completion of a probationary period of faculty service. No institution may adopt or implement a seven-year term appointment policy except The University of Texas M. D. Anderson Cancer Center and The University of Texas Health Science Center at Tyler.

Sec. 3  Full-time Service Requirement.   Only full-time service in the academic ranks of Professor, Associate Professor, Assistant Professor, and Instructor, or any combination thereof, shall be counted toward fulfillment of a required probationary period related to the award of tenure or a seven-year term appointment. Periods during which a faculty member is on leave of absence shall not be counted toward fulfillment of a required probationary period.

Sec. 4  Prior Service.   Prior service at other academic institutions, whether inside or outside the U. T. System, shall not be counted toward fulfillment of the required probationary period unless specifically permitted under the provisions of an institution's Handbook of Operating Procedures.

Sec. 5  Probationary Service.   The maximum period of probationary faculty service in non-tenured status with any academic title or combination of academic titles specified in Section 3 of this Rule shall not be more than seven years of full-time academic service at the general academic institutions of the U. T. System and not more than nine years of full-time academic service at the health-related institutions and at the academic medical centers of the general academic institutions of the U. T. System. In the event that an institution fails to specify the maximum length of probationary service in its Handbook of Operating Procedures, such period shall be seven years at the general academic institutions of the U. T. System and nine years at the health-related institutions and at the academic medical centers of the general academic institutions of the U. T. System. No later than 30 days prior to the beginning of the final academic year of the maximum probationary period in effect at any institution, all non-tenured faculty appointed to a title that accrues time toward satisfaction of a probationary period shall be given notice that the subsequent academic year will be the terminal year of employment or that, subject to the approval of the Board of Regents, beginning with the subsequent academic year tenure or a seven-year term appointment will be granted according to local institutional policy. A Memorandum of Appointment shall be provided to such faculty member in accordance with Rule 31001, Section 1 of the Regents’ Rules and Regulations concerning faculty appointments and titles. In the event that the employment of a nontenured faculty member in any academic rank specified in Section 3 of this Rule is to be terminated prior to the end of the maximum probationary period, notice shall be given in accordance with Rule 31002, Section 1 of the Regents’ Rules and Regulations concerning the notice of nonrenewal to nontenured faculty members.

5.1  Calculation of Service.   For purposes of calculating the period of probationary service, an "academic year" shall be the period from September 1 through the following August 31.

(a) If a faculty member is initially appointed during an academic year, the period of service from the date of appointment until the following September 1 shall not be counted as academic service toward fulfillment of the maximum probationary period. One year of probationary service is accrued by at least nine months full-time academic service during any academic year. A faculty member shall be considered to be on full-time academic service when in full compliance with Regental standards pertaining to minimum faculty workloads or when in compliance with the academic service standard of any health-related institution or academic medical center of a general academic institution. All institutional requirements shall be contained in the Handbook of Operating Procedures.

(b) Each institution with tenured faculty will establish and appropriately communicate a policy for the extension of the maximum probationary period and include the policy in the institutional Handbook of Operating Procedures following the standard review and approval process. In the case of The University of Texas M. D. Anderson Cancer Center or The University of Texas Health Science Center at Tyler, the institution may establish a policy that allows the extension of a term-tenure appointment consistent with these guidelines and the term-tenure policy. Institutional policies are to be consistent with the following guidelines:

(1) A faculty member who determines that certain personal circumstances may impede his or her progress toward achieving demonstration of eligibility for recommendation of award of tenure may make a written request for extension specifying the reason(s) for the requested extension. Personal circumstances that may justify the extension include, but are not restricted to, disability or illness of the faculty member; status of the faculty member as a principal caregiver of a preschool child; or status of the faculty member as a principal caregiver of a disabled, elderly, or ill member of the family of the faculty member. It is the responsibility of the faculty member to provide appropriate documentation to adequately demonstrate why the request should be granted.

(2) The request for extension shall be limited to one academic year. A request for an additional academic year's extension will follow the established request process, with the maximum duration of extension, whether consecutive or nonconsecutive, to be two academic years.

(3) Normally, requests for extension must be made in advance of the academic year or semester for which the extension is desired and may be made no later than three months prior to the deadline for initiation of the mandatory review process to determine recommended award of tenure or notice as provided under Rule 31002, Section 1 of the Regents’ Rules and Regulations, concerning notice of non-renewal, that the next year will be the faculty member's terminal year of appointment.

(4) The decision regarding the request shall be made by the chief academic officer of the institution, upon recommendation of the department chair and the dean, within a reasonable period of time and in a manner specified by institutional policy.

Sec. 6  Board Approval.   The award of tenure may be granted only by the Board of Regents, on the recommendation of the institutional president and the Chancellor.

Sec. 7  Prohibition.   A person appointed to a tenured faculty position at an institution of the U. T. System may not, during the term of such appointment, hold a tenured position on the faculty of another educational institution without the express written permission of the appropriate Executive Vice Chancellor.

7.1  Resignation of Outside Tenure.   Unless an exception is approved as authorized above, tenured faculty appointments within the U. T. System shall be conditioned upon the appointee having resigned any tenured position at any other educational institution. Such resignation must be completed and effective prior to the effective date of the appointment at the U. T. System institution; otherwise, such appointment shall be void and of no effect.

7.2  Acceptance Considered Resignation.   After a person holds a tenure faculty appointment at a U. T. System institution, the acceptance of a tenured faculty appointment at any other educational institution shall be considered a resignation of the U. T. System faculty appointment unless the appropriate Executive Vice Chancellor has granted express written permission for the holding of such a dual appointment.

3.  Definitions

None

4.  Relevant Federal and State Statutes 

Texas Education Code Section 65.32 – Removal of Officers, Etc. 

5.  Relevant System Policies, Procedures, and Forms 

The University of Texas Systemwide Policy UTS 198, Termination of a Faculty Member 

6.  Who Should Know 

Administrators 
Faculty 

7.  System Administration Office(s) Responsible for Rule 

Office of Academic Affairs 
Office of Health Affairs 

8.  Dates Approved or Amended 

Regents’ Rules Revision History 

9.  Contact Information 

Questions or comments regarding this Rule should be directed to: 
•  bor@utsystem.edu