TENURE AND PROMOTION POLICY

WHEREAS, the Board of Trustees of The John Marshall Law School strongly believes that an institution of higher learning can discharge its educational responsibilities only if the teachers employed by the institution can carry out their tasks lending to scholarly integrity and educational excellence in a climate of academic freedom; and

WHEREAS, the existence and maintenance of academic freedom are, to a very large extent, dependent upon economic security in all of its facets pertaining to academic life; and

WHEREAS, economic security can be assured only if teachers are not only adequately compensated for the proper fulfillment of their duties and functions but also may expect retention in the employment of the School and continuity of service if they have demonstrated their ability as law teachers and their capacity for intellectual growth while having faithfully served as law teachers for a designated number of years at the School; and

WHEREAS, the employment of a teacher who has attained the right to continued service on the faculty of the School should not be terminated unless for adequate cause or financial exigency:

NOW, THEREFORE, the following FACULTY POLICY AND PROCEDURES are herewith adopted and established:

Article One - Academic Freedom

The John Marshall Law School accords the deepest respect and support for the dignity and rights of each person, regardless of race, religion, creed, nationality, ethnic background, sex, age, disability or sexual orientation.  Academic freedom is pre-eminent among the rights of persons engaged in learning.  In addition, scholarly achievement depends upon the spirit of free inquiry characteristic of the best traditions prevailing in institutions of higher learning.  The intellectual and personal maturity and responsibilities of law students is equally dependent upon their participation in this tradition of freedom.

The John Marshall Law School supports academic freedom and strives continually to create an environment conducive to the exercise of this freedom.  This environment encourages open discussion, debate, assent and dissent.  It recognizes that independent but disciplined minds may be prepared to follow uncharted paths to knowledge, propound theories, set forth ideas, and gather evidence contrary to accepted thoughts and concepts, challenge the ideas of fellow scholars, and express opinions and beliefs honestly, firmly, and sincerely.  In the classroom and in their scholarly pursuits, the members of the faculty are free to introduce controversial issues that are relevant, and each student is free to disagree.

Each faculty member may, as a private citizen, speak or write freely without institutional control, however mindful, at the same time, of the ethics of the legal profession which he or she is duty-bound to observe and of the fact that he or she is a member of a learned institution but not a spokesman for it. In protecting the faculty member s right to seek truth, The John Marshall Law School also protects the right of all to adhere to deeply held personal commitments.  At The John Marshall Law School, therefore, responsible academic freedom does not encompass the deliberate abuse or ridicule of individual persons, racial, religious or ethnic groups, or members of a sex.

Article Two - Educational Program

The Dean and the faculty shall have the sole responsibility for formulating and administering the educational program of the School within the budgetary limits set by the Board of Trustees.  Such educational matters falling within the exclusive control of the Dean and the faculty, subject to budgetary limitations, include, but are not limited to, faculty selection, retention, promotion and tenure; curriculum; methods of instruction; admission policies; academic standards for retention, advancement, and graduation of students; and types of examination.  However, any new educational programs or new educational policies which involve financial expenditures not contemplated in the budgeting must be approved by the Board of Trustees.

The time at which courses will be taught and examinations given, as well as the choice of the faculty member designated to teach a certain course, is left to the discretion of the Dean or the Dean's representative.  However, in assigning courses to a faculty member, the Dean or the Dean's representative, wherever feasible, shall take into consideration the particular proficiency of the faculty member in a certain field of law.

Article Three - Tenure Responsibility

Tenure commits the Law School to a faculty member's academic freedom and economic security.  In accepting tenure, a faculty member is committing himself to the diligent and faithful performance of his teaching responsibilities with all attendant obligations, to the continual pursuit of intellectual growth and improvement, and to earnest cooperation with his or her colleagues and the administration of the School.

Article Four - Faculty Composition - Tenure Requirements

Faculty members are divided into two categories: full-time and part-time teachers.

Full-time teachers are those who fulfill the qualifications stated in the pertinent ABA Standards for Legal Education. All other teachers are part-time teachers.

A. Full-time teachers are classified as follows:

(a) Assistant Professors. An Assistant Professor may serve in this capacity at the Law School for not longer than seven years. After having served in that capacity for seven years, either his/her service must be terminated or he/she must be appointed to the rank of an Associate Professor receiving tenure with that appointment.

(b) Associate Professors. The faculty member receives tenure (i) after having served a maximum of seven years as an Assistant Professor at the School, or (ii) after having been newly appointed at the School with the rank of Associate Professor and having completed a probationary period of not less than one year or more than three years in this rank at the School; and

(c) Professors. (i) Those persons who are teaching at the School and who do not already have tenure will receive tenure upon appointment to this rank, or, (ii) after having been newly appointed at the School with the rank of Professor and having completed a probationary period of not less than one year or more than three years in this rank at the School.

(d) Assistant Professor (non-tenure track). Assistant Professors (non-tenure track) are full-time faculty members hired primarily to teach in the Lawyering Skills programs. As a general rule, they shall be hired for three-year contracts, with the first year serving as a probationary period. They may apply for contract renewal or for a tenure-track appointment.

Upon adoption of this statement of Faculty Policy and Procedures by the Board of Trustees, the provisions thereof shall be given retroactive effect as to all those persons then denominated and serving as members of the full-time faculty at The John Marshall Law School. However, years of service as a part-time teacher will not be taken into account in computing the period of full-time service.

B. Part-time teachers are not eligible for tenure. They may, however, be appointed as Adjunct Assistant Professors, Adjunct Associate Professors or Adjunct Professors, but such appointment does not entitle them to tenure. Those members of the faculty who are unable to or do not devote sufficient time to their duties as members of the faculty to qualify them as full-time faculty members are considered part-time faculty members. Such part-time faculty members, because of their skill, competence and variety of outside interests, are uniquely qualified to participate in the program of and promote the goals of The John Marshall Law School.  Failure to accord such part-time members of the faculty tenure eligibility is due only to the inability to fashion appropriate standards of performance because of the diverse variety of circumstances associated with part-time service.

C. Persons serving temporarily as full-time teachers may be appointed as Visiting Professors; they are not entitled to tenure.

Article Five - Academic Rank

Each faculty member, upon his appointment, receives an academic rank.  This rank is designed to identify the scholarly and personal qualifications of the individual faculty member within the framework of the School.  Academic rank is also designed to give recognition to the academic qualifications and achievements of the faculty member.

A. General Qualifications

Faculty members advance in academic rank by (a) demonstrating their proficiency and effectiveness as teachers of law, as evidenced by the depth of their knowledge and ability to communicate that knowledge to their students, the productive use of teaching methods best calculated to promote student interest and response, and the stimulating of students toward greater achievement; (b) innovative and creative teaching methods; (c) scholarly research, especially as evidenced by creative publications; (d) active participation in the work of bar associations and other organizations concerned with the advancement of law; (e) public service or active participation in community affairs consonant with the professional status of the faculty; (f) active guidance and academic advisement of students; (g) conscientious engagement in faculty committee and similar activities that shape the innovative policies and programs of the Law School.

It is expected that a faculty member will follow a pattern of continuing the pursuit of intellectual growth, knowledge, scholarly endeavor and teaching proficiency.

B. Qualifications for Particular Ranks.

Instructorship - This rank is assigned to persons with limited or no faculty experience at the law school level. Instructors serve only on the part-time faculty and may be retained in this rank indefinitely.

Assistant Professorship (tenure track and non-tenure track) - Faculty members are assigned to this rank on the sound basis and expectation of law teaching and scholarly potentialities.

Associate Professorship - Faculty members are assigned to this rank on the basis of demonstrated competence in teaching law and convincing evidence of scholarly potentialities.

Professorship - Faculty members are assigned to this rank who have attained excellence in the teaching or practice of law and legal scholarship, and whose dedication to learning and teaching, or achievement in public service, or distinguished participation in the affairs of the community or the Law School have merited distinction and recognition.

Adjunct Assistant Professorship, Adjunct Associate Professorship or Adjunct Professorship - A part-time faculty member may be assigned to an appropriate rank among the foregoing on the basis of competency and proficiency in the teaching of law or other related subjects and attendant scholarship.  No tenure is accorded to such a faculty member.

Visiting Professorship - A full-time faculty member who serves temporarily on the faculty and has demonstrated competency in the teaching of law and legal scholarship or has achieved recognition and distinction in the field of law or one of its facets may be assigned to this rank. No tenure is accorded to such a faculty member.

Article Six - Faculty Appointments

A. The Dean or the Dean's representative will initiate negotiations with a prospective faculty member.  If the Dean or the Dean's representative is of the opinion that the applicant might merit the offer of a position on the faculty, he or she will, if feasible, arrange a personal interview with the prospective faculty member at the Law School, at which time the Faculty Committee on Selection, Promotion and Tenure shall be given the opportunity to meet with and t interview the prospective faculty member.  After such an interview or, if such an interview was not feasible for economic or other reasons, after a report by the Dean or the Dean's representative to the faculty or a committee thereof, the Dean or Dean's representative, in consultation with the faculty committee, may determine to offer the prospective faculty member a position on the faculty. The Dean or his or her representative may recommend to the School's Board of Trustees the employment of the prospective faculty member by the School by forwarding to the Board of Trustees all pertinent information.  If the Board determines that the recommended employment is compatible with the previously accepted budget, it will authorize the President of the Board, or, in his absence, the person replacing him or her, to make the formal faculty appointment.

The usual faculty appointment is for the term of the academic year comprising approximately ten months of service, with the salary paid on a ten-month basis. Each appointment will define the academic rank, time period of service, and salary and will provide for the faculty member's compliance with the pertinent Standards and Rules of Procedure of the American Bar Association.

B. A faculty member invited to remain at the Law School will receive written notification of appointment renewal and appointment terms not later than April 1, preceding the academic year under consideration. Relative to those faculty members who began or begin their teaching in February of any academic year, full-time teaching for purposes of notice regarding reappointment and tenure under Articles Four and Five will commence in September of the next academic year.  Probationary faculty members to which reference is made in Article Four A (b) (ii) and (c) (ii) shall be notified not later than April 1.  If the terms of the appointment are acceptable, the faculty member must signify his or her acceptance in writing to the Dean or the Dean's representative not later than April 15.

If a faculty member decides to leave the Law School, he or she shall inform the Dean or the Dean's representative as soon as possible and send a written resignation to the Dean or the Dean's representative before April 15.

The decision not to reappoint or not to award tenure to a non-tenured faculty member shall be made by the Dean or the Dean's representative after consultation with the Faculty Committee on Selection, Promotion and Tenure.  If it is decided not to reappoint a non-tenured full-time faculty member after one, two or three years of full-time service, or a part-time non-tenured faculty member after any years of service, regardless of how many years such a part-time member may have served on the faculty, no reasons need be given for such a decision. However, if it is decided not to reappoint a full-time non-tenured faculty member after seven years of service or not to award him or her tenure after seven years of service as an Assistant Professor, or after a one-year probationary service as a Professor or an Associate Professor, reasons must be furnished to the faculty member for the decision not to reappoint him or her, or not to award him or her tenure. Such reasons may include, but are not limited to:  (a) unsatisfactory or inadequate or improper performance of his or her duties as a teacher or faculty member; (b) performance and qualifications which, although satisfactory, will not enable the School to achieve its educational objective; (c) full staffing at the tenure level in the area of the faculty member's principal competence; (d) changes in the School's academic program; (e) budgetary constraints which make it impossible or imprudent to renew the appointment or to increase the tenure staff; of (f) disruptive or abusive conduct toward other faculty members, the administration, or the students, which conduct is destructive of the relationship of cooperation required for the proper functioning and operation of the School.

If it is decided not to reappoint or not to award tenure to a faculty member, written notification of this decision will be given to the faculty member by the Dean or the Dean's representative as early as possible, however, never later than April 1 for full-time faculty members having served one, two or three years on the faculty, and for an Associate Professor having been appointed on a one-year probationary basis for one year without tenure, and never later than April 1 for a full-time non-tenured faculty member with four or five years service on the faculty.

If a full-time non-tenured faculty member having served four or five years on the faculty, or an Associate Professor on a one-year probationary service basis is not reappointed or awarded tenure, he or she may request an explanation of the decision in an informal conference with the Dean or the Dean's representative. If such a faculty member so desires, he or she may appeal the decision at his or her expense within fourteen days to a three-member board appointed by the President of the Board of Trustees; the appeals board shall consist of one member of the Board of Trustees, one member of the Alumni Association, and one member of the faculty. The appeals board may either affirm or reverse the decision not to reappoint or not to award tenure to the faculty member. The decision of the appeals board shall be final.

Article Seven - Termination of Tenure

Tenure terminates under any of the following conditions:

(a) Voluntary resignation;

(b) Economic or academic necessity - demonstrable financial reverses or lack of funds, requiring the Law School to reduce the size of the faculty, or a decision to terminate a particular academic program; if such circumstances arise, necessitating faculty reduction, length of service at the Law School will be taken into consideration;

(c) Disability - inability of the faculty member to properly and adequately perform his or her duties for a time period lasting longer than ten months;

(d) Dismissal for adequate cause. Adequate cause includes, but is not limited to (i) incompetence or dishonesty in teaching and research; (ii) substantial neglect of duty; (iii) unprofessional conduct; (iv) conduct which destroys the cooperation required for the proper functioning and operation of the School; (v) deliberate and repeated abuse or ridicule of individual persons, or racial, religious or ethnic groups, or members of a sex; and (vi) conduct which substantially impairs the faculty member's fulfillment of his or her institutional responsibilities.

Article Eight - Dismissal Procedures under Article Seven (e)

When there is adequate cause for dismissal of a faculty member under Article Seven (e), the matter shall be discussed by the Dean or the Dean's representative with the Faculty Committee on Selection, Promotion and Tenure.

If it is determined that dismissal proceedings are warranted, the Dean shall discuss the matter with the faculty member in personal conference.  The case may be settled there.  If the matter is not adjusted, the Dean shall give to the faculty member a written statement of the charges brought against the faculty member, who may respond in writing to the charges within 21 days.  The faculty member must state in the response whether he or she requests a formal hearing.  If such a hearing is requested, the President of the Board of Trustee shall notify the faculty member of the time and place of the hearing.  The committee which will conduct the hearing shall be composed of five members:  two elected by the entire full-time faculty, one designated by the President of the Board of Trustees, one designated by the president of the Alumni Association, and one chosen by the four other committee members; the person so chosen shall be a lawyer, not a member of the faculty or administration of the Law School; he or she shall serve as chairman of this committee.  The statement of the charges and the faculty member s written response shall be given to the committee.

At the hearing, a lawyer appointed by the Dean or the Dean's representative shall present the charges against the faulty member who shall have the opportunity to be heard in his or her own defense and may have the assistance of legal counsel. He or she shall have the opportunity to be confronted by witnesses adverse to him or her. However, when a witness is unavailable or when confrontation would be a potential cause of undue disruption or hardship, the committee may proceed without confrontation, but the identity of the witnesses and the witnesses' statements shall in all cases be disclosed to the faculty member. Oral arguments may be made before the committee by both parties to the dispute.

There shall be a full stenographic record of the hearing available to the parties concerned.

At the conclusion of the hearing, the committee shall reach its decision in conference. The President of the Board of Trustees and the faculty member shall be notified in writing of the decision and the reasons supporting it. If the decision provides for the dismissal or other disciplinary sanction of the faculty member, the faculty member may appeal the decision in writing to the Board of Trustees, which may affirm the decision of the committee, or refer the matter back to the committee for further consideration, or over-ride the decision of the committee.  The Board's decision shall be given in writing to all the parties concerned, and shall be final.

Article Nine - Sanctions Short of Dismissal

Since tenured, as well as non-tenured, faculty members might engage in conduct which, though not warranting dismissal, might be detrimental to the School, the Dean may invoke disciplinary sanctions against a faculty member guilty of such conduct. Such disciplinary sanctions shall include, but are not limited to: (a) an oral reprimand; (b) a written reprimand; (c) reduction in salary for a stated period; (d) suspension from service for a stated period; (e) restitution (for example, payment of damages caused to the School); and (f) loss of prospective benefits for a stated period, such as suspension of salary increases or promotion eligibility.

If such sanction is imposed by the Dean, the faculty member may appeal in writing the decision of the Dean to a committee composed of three members, one chosen by the full-time faculty, the other by the President of the Board of Trustees, and the third by the President of the Alumni Association. The person designated by the President of the Board of Trustees shall serve as chairman of the committee. The committee may, if it so desires, grant a hearing to the faculty member. The decision of the committee, which may either affirm the disciplinary sanction or modify it or reverse the decision of the Dean, shall be final.

Article Ten - Faculty Promotions in Rank or Increases in Compensation

A request for a promotion in rank or for an increase in compensation within the rank may be initiated by the faculty member, the Dean or the Dean s representative.  The request shall be filed with the Dean or the Dean s representative.  If the Dean is of the opinion that the faculty member in question should be promoted or should receive an increase in compensation, the Dean shall make a recommendation to that effect to the School s Board of Trustees.  If the Board determines that the recommended promotion or increase in compensation is financially and economically proper and in consonance with the funds, budgetary requirements and financial needs of the School, it will approve the recommendation.

If the Dean is not of the opinion that the faculty member in question should receive an increase in compensation, the faculty member may appeal in writing to the Board.

Requests for promotion or increase in compensation shall be filed with the Dean or the Dean's representative not later than January 10. Approved changes in rank or increases in compensation become effective at the beginning of the following academic year.

Article Eleven - Faculty Compensation

The John Marshall Law School bases its compensation of faculty members on merit, academic rank, and years of service to the School with due consideration being given to the factors enumerated in Article 5A. It does not, however, have established maximum or minimum salaries for a given rank for years of service.

For teaching in summer sessions, a faculty member with an academic year appointment will receive additional compensation.