Texas Education Code - Section 51.943. Renewal Of Faculty Employment Contracts
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§ 51.943. RENEWAL OF FACULTY EMPLOYMENT CONTRACTS. (a)
In this section:
(1) "Contract" means an agreement between an
institution of higher education or its authorized agent and a
faculty member that establishes the terms of the faculty member's
employment, including the faculty member's responsibilities and
salary, for an academic year.
(2) "Faculty member" means a person who is employed
full time by an institution of higher education as a member of the
faculty whose primary duties include teaching or research. The
term does not include:
(A) a person employed in the classified personnel
system of the institution or a person employed in a similar type of
position if the institution does not have a classified personnel
system;
(B) a person who holds faculty rank but who
spends a majority of the person's time for the institution engaged
in managerial or supervisory activities, including a chancellor,
vice chancellor, president, vice president, provost, associate or
assistant provost, dean, or associate or assistant dean.
(3) "Institution of higher education" has the meaning
assigned by Section 61.003.
(b) Except as provided in Subsection (c), an institution of
higher education that determines it is in its best interest to
reappoint a faculty member for the next academic year shall offer
the faculty member a written contract for that academic year not
later than 30 days before the first day of the academic year.
(c) For the purposes of this section, an institution of
higher education is not required to provide an annual contract to
tenure or tenure-track faculty, but must provide tenure and
tenure-track faculty with any written notification required in the
institution's tenure policy of a change in a term of employment
according to the policies of the institution, but no later than the
30th day prior to the change.
(d) If the institution of higher education is unable to
comply with Subsection (b), the institution shall:
(1) provide the faculty member with written
notification that the institution is unable to comply with
Subsection (b);
(2) include in the written notification reasons for
its inability to comply with Subsection (b); and
(3) specify in the written notification a time by
which it will offer a written contract to the faculty member for the
applicable academic year.
(e) If the institution does not offer the faculty member a
written contract before the 61st day after the first day of the
academic year and the institution retains the faculty member for
that academic year without a written contract, the institution must
retain the faculty member for that academic year under terms and
conditions, including terms governing the faculty member's
compensation, that are at least as favorable to the faculty
member's employment for the preceding academic year, unless the
institution and the faculty member subsequently enter into a
different written contract.
(f) This section does not prohibit an institution of higher
education from entering into a contract with a faculty member for a
period longer than an academic year.
(g) Nothing in this section shall be deemed to provide a
faculty member who does not hold tenure additional rights,
privileges, or remedies or to provide an expectation of continued
employment beyond the period of a faculty member's current
contract.
Added by Acts 2001, 77th Leg., ch. 1298, § 1, eff. Jan. 1, 2002.
Section: 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 51.951
Last modified: August 10, 2007
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