Ohio Administrative Code › Title 3339 - Miami University › Chapter 3339-7 - Tenured and Nontentured Staff › Section 3339-7-09 - Rights of a candidate who has received a negative recommendation or been denied tenure or promotion

Current through all regulations passed and filed through July 1, 2024
(A) Reconsideration
Within ten working days of receipt of the written statement of
				reasons, the candidate may request, in writing, reconsideration from the person
				or committee that rendered the negative recommendation. Reconsideration is on
				the merits of the case.
The candidate may respond, in writing, to the written statement
				of reasons prior to reconsideration. The candidate's response to the written
				statement of reasons must be submitted no later than ten working days from the
				date of the request for reconsideration. Reconsideration shall be completed
				within ten working days of the receipt of the candidate's response or, if no
				written response is given, within twenty working days for the request for
				reconsideration.
A candidate who is given a positive recommendation upon
				reconsideration is notified as soon as possible. A candidate who is given a
				negative recommendation upon reconsideration is notified, in writing, with a
				statement of reasons for the negative recommendation. This written statement of
				reasons must be given no later than ten working days from the date the negative
				recommendation was made.
The original application, written statement of reasons for the
				negative recommendation, request for reconsideration, candidate's response to
				the written statement of reasons, and recommendation upon reconsideration,
				including the written statement of reasons, if any, become part of the
				record.
(B) Appeal of
			 denials
Any candidate whose application for tenure or promotion has
				been denied has the right to appeal to the committee on faculty rights and
				responsibilities and, subsequently, to the president under paragraphs (E) and
				(H) of rule
				3339-8-01
				of the Administrative Code. The basis for the appeal must be an alleged
				procedural error or inequitable treatment.
The candidate must appeal, in writing, to the committee on
				faculty rights and responsibilities within fifteen working days of the last
				date of the consideration or reconsideration that resulted in the denial of the
				candidate's application for tenure or promotion. The written notice of appeal
				shall state the basis for the appeal and shall be addressed to the committee on
				faculty rights and responsibilities and delivered to the
				 office
				of the provost.
Appeals will be heard by the committee on faculty rights and
				responsibilities under one of the options described in the paragraph (E) of
				rule
				3339-8-01
				of the Administrative Code. The decision of the committee on faculty rights and
				responsibilities may be appealed to the president under paragraph (H) of rule
				3339-8-01
				of the Administrative Code. The provisions of paragraphs (F), (G), and (J) of
				rule
				3339-8-01
				of the Administrative Code apply to all appeals of tenure or promotion
				denials.
The committee on faculty rights and responsibilities does not
				make a judgment on the merits of a candidate's performance, except insofar as a
				judgment may be implied in a finding of inequitable treatment. Thus, the
				committee will not make any findings about the ultimate viability of a
				candidate's application for tenure or promotion.
Appeals may also be based on allegations of discrimination, in
				which case they are covered by the university's policy prohibiting harassment
				and discrimination, rule
				3339-3-06
				of the Administrative Code. The basis for such an appeal would be
				discrimination based on sex (including sexual harassment, sexual violence,
				sexual misconduct, domestic violence, dating violence, or stalking), race,
				color, religion, national origin, disability, age, sexual orientation, gender
				identity, pregnancy, military status, or veteran status. Appeals alleging
				discrimination should be presented, in writing, to the office of equity and
				equal opportunity. Candidates are urged to file such appeals within fifteen
				working days of the last date of the consideration or reconsideration that
				resulted in the denial of the candidate's application for tenure or promotion;
				such appeals must be filed with the office of equity and equal opportunity
				within three hundred calendar days.
When appeals based on discrimination in the tenure or promotion
				process are filed, there shall be coordination, as appropriate, among the
				office of equity and equal opportunity, the committee on faculty rights and
				responsibilities, and the office of the provost.
(C) Presidential directive that tenure be
			 considered the following year
In unusual circumstances, the president may direct that a
				candidate who has failed to achieve tenure be considered during the following
				academic year. In the event such consideration is directed, a previous positive
				recommendation for tenure by a committee or person can be reversed by the
				committee or individual only on the basis of a deteriorating performance or the
				discovery of evidence not previously available as it relates to the criteria
				applicable at the time the original tenure recommendation was made.
(D) Deadlines
The deadlines specified in paragraphs (A) and (B) of this rule
				may be extended by the provost. The running of any time period specified in
				these procedures will be suspended during thanksgiving recess, winter recess,
				spring recess, and the interval between the end of final examinations for
				spring semester and the date on which faculty are required to report for the
				ensuing fall semester.