Texas Education Code - Section 51.942. Performance Evaluation Of Tenured Faculty
Legal Research Home >
Texas Lawyer > Education Code > Texas Education Code - Section 51.942. Performance Evaluation Of Tenured Faculty
§ 51.942. PERFORMANCE EVALUATION OF TENURED FACULTY. (a)
In this section:
(1) "Governing board" has the meaning assigned by
Section 61.003.
(2) "Institution of higher education" means a general
academic teaching institution, medical and dental unit, or other
agency of higher education, as those terms are defined by Section
61.003.
(3) "Neglect of duty" means continuing or repeated
substantial neglect of professional responsibilities.
(b) Each governing board of an institution of higher
education shall adopt rules and procedures providing for a periodic
performance evaluation process for all faculty tenured at the
institution. The governing board may design its rules and
procedures to fit the institution's particular educational
mission, traditions, resources, and circumstances relevant to its
character, role, and scope, in addition to other relevant factors
determined by the governing board in the rules adopted pursuant to
this section. The governing board shall seek advice and comment
from the faculty of the institution before adopting any rules
pursuant to this section. The advice and comment from the faculty
on the performance evaluation of tenured faculty shall be given the
utmost consideration by the governing board.
(c) In addition to any other provisions adopted by the
governing board, the rules shall include provisions providing that:
(1) each faculty member tenured at the institution be
subject to a comprehensive performance evaluation process
conducted no more often than once every year, but no less often than
once every six years, after the date the faculty member was granted
tenure or received an academic promotion at the institution;
(2) the evaluation be based on the professional
responsibilities of the faculty member, in teaching, research,
service, patient care, and administration, and include peer review
of the faculty member;
(3) the process be directed toward the professional
development of the faculty member;
(4) the process incorporate commonly recognized
academic due process rights, including notice of the manner and
scope of the evaluation, the opportunity to provide documentation
during the evaluation process, and, before a faculty member may be
subject to disciplinary action on the basis of an evaluation
conducted pursuant to this section, notice of specific charges and
an opportunity for hearing on those charges; and
(5) a faculty member be subject to revocation of
tenure or other appropriate disciplinary action if incompetency,
neglect of duty, or other good cause is determined to be present.
(d) A faculty member subject to termination on the basis of
an evaluation conducted pursuant to this section must be given the
opportunity for referral of the matter to a nonbinding alternative
dispute resolution process as described in Chapter 154, Civil
Practice and Remedies Code. If both parties agree, another type of
alternative dispute resolution method may be elected. The
governing board must give specific reasons in writing for any
decision to terminate a faculty member on the basis of an evaluation
conducted pursuant to this section.
(e) A governing board may not waive the evaluation process
for any faculty member granted tenure at an institution.
(f) A governing board may not award tenure to an
administrator in any way that varies from the institution's general
policy on the award of tenure.
(g) Each governing board shall file a copy of the rules
adopted pursuant to this section, and any amendments to such rules,
with the coordinating board on or before September 1 of each year.
Added by Acts 1997, 75th Leg., ch. 1017, § 1, eff. Jan. 1, 1998.
Section: 51.934 51.935 51.9355 51.936 51.937 51.940 51.941 51.942 51.943 51.945 51.946 51.9461 51.947 51.948 51.950
Last modified: August 10, 2007
|
