3.3.9.4.2 Post-Tenure Review Appeals Committee Operating Policy

The Post-Tenure Review Appeals Committee (PTRAC) shall hear only appeals from post-tenure reviews (PTR) and corrective post-tenure reviews (CPTR) in which the faculty member has received an unsuccessful evaluation by their School’s or unit’s post-tenure review committee. If the faculty member then wishes to file an appeal with the PTRAC, they must submit a written request for appeal to the PTRAC stating the grounds on which the appeal is based. The faculty member has ten (10) calendar days from receiving the recommendations of the School Chair or Deans to request the Faculty PTRAC review.  If received within ten (10) calendar days, the request will be granted. In considering appeals, the PTRAC will act as a committee of the whole. The Chair shall be a voting member of the committee. A final decision requires a simple majority of the whole committee (4/7). To avoid conflicts of interest, members of the PTRAC shall not serve on any other post-tenure review committee during their term as a PTRAC member.  

Once an appeal is filed, the PTRAC may consider the fairness of the evaluation process within the post-tenure review School or unit, the reasonableness of the determination, as well as the appropriateness of the course of action suggested by the post-tenure review School or unit that might strengthen the faculty member’s performance. In addition to the written appeal, the committee, in its sole discretion, may hear and consider oral testimony.  

The recommendation of PTRAC may be based solely on a review of the record. 

If the PTRAC decides that the decision of the post-tenure review unit is fair and valid, and that the suggested course of action for improvement is appropriate, the decision of the unit’s post-tenure review committee will then be final and binding on the appellant.   

The PTRAC may, at its discretion, recommend remedial actions that may include, but not be limited to, suspension of pay, salary reduction, revocation of tenure, and separation from employment. Faculty Handbook section 3.1.10 Faculty Conduct, Discipline, and Removal of Faculty members provides additional guidance. 

If, instead, the PTRAC decides that the evaluation process was flawed or that the determination of unsatisfactory is invalid, the PTRAC may (1) order that the matter be reheard by the School’s or unit’s post-tenure review committee as if the matter had not previously been heard before and as if no decision had been previously rendered, or (2) it may order that the decision of the School’s or unit’s post-tenure review be reversed outright. If the PTRAC decides that only part of the review is appropriate, for whatever reason, the PTRAC may remand the matter to the School’s or unit’s post-tenure review committee for further action as directed ty the PTRAC.   

If the PTRAC decides that the evaluation itself is fair and valid, but the suggested course of action for improvement is not appropriate, the PTRAC may 1) hold meetings with the School’s or unit’s post-tenure review committee, the appellant, and the School Chair in order to reach a satisfactory solution, 2) remand to the School’s or unit’s post-tenure review committee with recommendations, or 3) refer to outside mediation.  

The decision of the PTRAC is final and binding in terms of the faculty appeals process. The prior decision of any other committee is not binding on the PTRAC, although the PTRAC may take such a decision into consideration. If issues before the PTRAC are being considered simultaneously by the Faculty Status and Grievance Committee, the Faculty Status and Grievance Committee proceeding shall be stayed until the PTRAC renders its decision.  

The PTRAC shall not hear appeals concerning the formal plan of faculty development (PRP, PIP, etc.). This formal plan is established by the School Chair and the faculty member in consultation with the School’s or unit’s post-tenure review committee after all requests for reconsideration and appeals have been exhausted.    

The PTRAC will issue its recommendation(s) to the Provost and the faculty member within twenty (20) calendar days of the filing of the appeal. A record of any action taken as a result of an appeal, including all documents related to the appeal, will be maintained by the Vice Provost for Faculty’s office.