Section IV.B: Promotion and Tenure Reviews - Law School

I. TENURE

1. As provided in Section II.D of the Institutional Faculty Handbook:
   
   “Tenure is a continuous appointment without stated term that is conferred on a faculty member after review. Tenure is a clear recognition that the candidate is a valued and productive member of the faculty as indicated by teaching effectiveness, scholarship, and service to the institution and profession. The decision reflects a comprehensive judgment about past performance and future potential based on a particular combination of strengths demonstrated by the candidate in relation to the needs of the respective school and the College. The College recognizes the importance of academic freedom and a sufficient degree of economic security, and the granting of tenure is therefore a commitment on the part of the College that the faculty member will be employed by the College, so far as its resources permit and, unless there is termination for adequate cause, until retirement or resignation.”
2. To receive tenure, a faculty member must demonstrate excellence in teaching, scholarship, and service as provided below:
   1. To receive tenure, a faculty member must demonstrate that he or she is an excellent teacher. Teaching includes classroom teaching and teaching activities outside of the classroom, such as the supervision of student papers and student advising. The evaluation of a candidate’s teaching shall be based upon peer review, student evaluations, and such other factors as the candidate or other faculty members deem appropriate to bring to the attention of the Promotion and Tenure Committee or the faculty.
   2. Excellence in Scholarship.
      Scholarship is a central component of the law school’s mission. The law school invests in scholarship because a faculty member’s scholarly works contribute to the development of legal theory and practice. Scholarship advances the law school’s public service mission by influencing, inter alia, judicial decision-making, legislative and regulatory change, policy design, and pedagogical innovation. In addition, scholarly engagement benefits classroom instruction by bringing deeper subject matter expertise and practical applications of contemporary legal problems to the classroom. As such, a tenure-track candidate must demonstrate a capacity for and a commitment to scholarship. A candidate’s scholarly output demonstrates ongoing intellectual engagement and likely future contributions to the candidate’s field.
      1. Quantity and Types of Scholarly Works
         To receive tenure, a faculty member must demonstrate excellence in scholarship. The scholarship shall be of sufficient quality and quantity as to demonstrate that the candidate has the requisite ability and commitment to remain a productive scholar throughout his or her academic life. Prior to receiving tenure, the candidate should have published, or have had accepted for publication, the equivalent of at least two articles in established law journals or peer-reviewed journals in other disciplines.
         
         The law school will consider the following publications as the equivalent of an article published in a law review or peer-reviewed journal in other disciplines, provided that the effort, quality, and quantity of research completed are comparable to an article: book chapters; book reviews; essays; monographs; symposium contributions; treatises; textbooks; and casebooks. Multiple works may be combined to amount to the work of a single law review article. Jointly authored works may also be counted, provided candidates can either identify portions of the work that they solely authored or, where contributions have been merged into an inseparable whole, demonstrate the candidate’s contribution to the entirety of the work.
         
         In the case of co-authored publications, the law school will solicit letters from co-authors estimating the nature, extent, and proportion of the candidate’s contribution to the co-authored work.
         
         In addition, the law school may consider the following works as supplements to, but not substitutes for, the publication of articles in law reviews, peer-reviewed articles, and comparable works: writings accepted for publication prior to commencement of work at the law school, grant applications; institutional white papers; legal briefs (including amicus briefs); and testimony before legislative bodies.
      2. Scholarship Review Standards
         The evaluation of a candidate’s scholarship shall be based upon both internal and external reviews. The Promotion and Tenure Committee shall arrange for works to be reviewed by peers within the Law School. In addition, the Promotion and Tenure Committee shall arrange to have the candidate’s scholarship evaluated by external reviewers selected in accordance with the procedures set forth in Section III, Procedure for Promotion and Tenure, below.
         
         To demonstrate excellence in scholarship, a candidate’s scholarship should advance the theory and practice of doctrinal law, pedagogy, lawyering, or legal research; critically analyze the implications of, justifications for, inconsistencies in, and significance of law or policy; describe emerging legal or social challenges and ways the law may address them; synthesize law, legal theory, and norms in a creative or novel fashion; and/or represent new knowledge, empirical or experimental study, or innovation.
         
         In evaluating whether scholarship satisfies the foregoing standards, the reviewers will consider the following criteria as relevant: the comprehensive nature of the work; the impact of the work on others in the field; the integration of understanding or information from other scholarly or technical disciplines; the originality of the viewpoint expressed; the national or international reputation of the research in the field; the rigor of the analysis; the significance of the subject matter; the soundness and thoroughness of the research; and the overall contribution to legal knowledge or thought.
         
         Judgments about a candidate’s scholarship are based on both the quality and quantity of scholarship and their relevance to the academic community. In evaluating the candidate’s scholarship, reviewers should take into account the candidate’s area(s) of specialization and professional goals.
   3. To receive tenure, a faculty member must demonstrate a commitment to service to the Law School, the community at large, and the profession. It is expected that each faculty member’s contributions in this area will necessarily differ and will reflect his or her special interests and talents.
3. A faculty member may receive a “tenure in position” appointment in cases where 1) the position is defined by the dean and the faculty or 2) the position is not funded through a long-term financial commitment of the law school. Tenure-in-position recognizes that the candidate is a valued and productive member of the faculty as demonstrated by their teaching, scholarship, service to the institution, and service to the profession. The position comes with all of the protections and responsibilities of academic freedom provided to all faculty members. It carries the potential ranks and privileges of assistant professor, associate professor, and professor. A faculty member who is tenured in position must receive an 80% vote either when initially hired or at a later date, consistent with Section IV.A.II.A.
   1. A faculty member with a tenure-in-position appointment shall be subject to the same promotion and tenure standards and procedures applicable to other tenure-track faculty members except for the following considerations:
      1. If the dean and the faculty member agree, the tenure consideration may be postponed beyond the time period specified in Section IV.B.I.D below.
      2. The evaluation of the faculty member’s teaching shall include both teaching activities appropriate to the position and the requisite administrative functions of the position.
   2. The letter or communication notifying the faculty member of the tenure-in-position appointment shall state the requirements and responsibilities of the position, including any administrative or fundraising requirements. Effective January 1, 2025, the letter must state that the tenure-in-position status is based on financial reasons.
   3. A faculty member who is tenured in position shall be accorded the same rights and privileges as other tenured faculty members, and their position is subject to the provisions of the Faculty Handbook governing termination of tenured faculty in Section II.M (Termination and Nonrenewal of Faculty Appointments). For purposes of “Termination of Employment Due to Discontinuation of Program or Department Termination,” the closing of a particular law school clinic because of the loss of outside funding for that clinic shall constitute “discontinuance of a program.”
   4. The dean may convert a faculty member’s tenure-in-position status to tenure status:
      1. When a faculty-approved budget demonstrates there are sufficient resources to provide long-term financial support for the faculty member’s position; or
      2. When the voting faculty otherwise agree to remove the in-position condition for faculty members who are tenured-in-position for defined reasons.
4. The annual contract or salary agreement of each faculty member shall state whether the appointment is “with tenure” (including “tenure in position”), “without tenure,” or “not on tenure track.” A faculty member appointed to the rank of assistant professor under an initial appointment specified to be without tenure shall be considered for tenure during his or her fifth year of full-time service to the Law School, or in the option of the Promotion and Tenure Committee, during his or her sixth year. A faculty member appointed to the rank of associate professor or professor under an initial appointment specified to be without tenure shall be considered for tenure during his or her fourth year of full-time service to the Law School or at the option of the Promotion and Tenure Committee during his or her fifth year. A faculty member may be considered for tenure at an earlier time than specified in these principles only if specified in the faculty member’s initial letter of appointment or when approved in writing by the dean and the Promotion and Tenure Committee. Except as provided in paragraphs C and E of this section, a tenure decision may not be postponed beyond the time periods specified above.
5. Any formal leave of absence granted to a faculty member for reasons of illness, disability, pregnancy, childbirth, parental, or other family needs shall at the option of the faculty member be excluded from the candidate’s tenure review period. Other approved leaves may extend the tenure review period only with the prior written approval of the dean.
   
   If tenure is denied, or if the faculty member elects not to be considered for tenure within the time periods specified in paragraph D above, the dean shall notify the faculty member that his or her appointment will terminate at the end of the succeeding academic year.

II. PROMOTION

1. Promotion to the rank of associate professor requires a record of excellence in teaching, a demonstration of scholarly ability, and a commitment to service to the Law School, the community at large, and the legal profession. Teaching will be evaluated by both peer review and student evaluations. Scholarship will be evaluated by peer review. While there may be varying ways of fulfilling the scholarship requirement, it is ordinarily expected that a faculty member will have published, or have had accepted for publication, the equivalent of at least one article in an established law journal before his or her promotion to associate professor.
2. Promotion to the rank of professor requires a continuing record of excellence in teaching as evaluated by peers and student evaluations. Promotion to the rank of professor also requires outstanding success as a scholar as evidenced by scholarly pursuits beyond those required for associate professors and in addition to those required for tenure. Ordinarily it is expected that a candidate for promotion to the rank of professor will have published, or have accepted for publication, the equivalent of at least one article in an established law journal in addition to the articles required for tenure. Candidates for promotion to the rank of professor must also demonstrate a continuing commitment to service to the Law School, the community at large, and the legal profession.
3. Unless otherwise specified in the initial letter of appointment, a faculty member appointed as an assistant professor shall ordinarily be considered for promotion to associate professor during his or her third year of full-time service to the Law School. Unless otherwise specified in the initial letter of appointment, a faculty member shall be considered for promotion to professor after serving as an associate professor for at least three years. While a faculty member may upon rare occasions receive an initial appointment as a professor without tenure, in no event shall a faculty member initially hired as an assistant or associate professor be promoted to professor before he or she receives tenure. A faculty member may not be promoted and tenured in the same academic year.

III. PROCEDURE FOR PROMOTION AND TENURE

1. The Dean shall appoint the Associate Dean for Faculty Development to chair a Promotion and Tenure Committee, consisting of the Associate Dean for Academic Affairs and additional faculty as appointed by the Dean. It shall be the role of the committee to communicate with any faculty members eligible for promotion or tenure and to obtain from them a promotion or tenure file containing the evidence necessary to support a decision for promotion or tenure.
   
   1. A faculty member with an indefinite contract has no obligation to seek tenure. Faculty who have received indefinite contracts under Section IV.C and who choose to seek tenure shall notify the Associate Dean of Faculty Development of their intent to be considered for tenure no later than May 15 of the academic year preceding the year in which they wish to have their promotion or tenure application evaluated. Once a faculty member submits the notification, the decision to opt into the tenure process is irrevocable.
   2. A faculty member who is eligible for an indefinite contract has no obligation to seek tenure. Faculty members who are eligible for, but have yet to receive, indefinite contracts under Section IV.C and who choose to seek tenure shall notify the Associate Dean of Faculty Development of their intent to be considered for tenure no later than May 15 of the academic year preceding the year in which they wish to have their promotion or tenure application evaluated. The Associate Dean of Faculty Development has discretion to grant a reasonable time extension for a faculty member who is moving onto the tenure track to complete the tenure requirements. Once a faculty member submits the notification, the decision to opt into the tenure process is irrevocable.
   3. For any faculty member who has yet to receive tenure or an indefinite contract as of December 31, 2024, the candidate’s file shall include a tenure statement drafted by the candidate, a current curriculum vitae, relevant teaching evaluations, scholarly works, and any other information considered relevant by the candidate. Candidates shall also submit the names of suggested external scholarship reviewers to the committee. The committee shall be responsible for summarizing student evaluations of teaching effectiveness and for arranging peer review of teaching effectiveness and of scholarship.
   4. For any faculty member who has received an indefinite contract as of December 31, 2024, the candidate’s file shall include a tenure statement drafted by the candidate, a current curriculum vitae, and the candidate’s scholarly works. Candidates shall also submit the names of suggested external scholarship reviewers to the committee. The committee shall be responsible for arranging peer review of the candidate’s scholarship.
   5. For tenure considerations, the committee shall arrange to have the candidate’s work reviewed by at least two external reviewers for faculty who were voting members of the faculty as of December 31, 2024, and by at least three external reviewers for faculty who were not voting members of the faculty as of December 31, 2024. The external reviewers shall be selected after consultation with the Associate Dean of Faculty Development, the candidate, other faculty members, and an expert in the candidate’s field of interest, if any. The committee will seek to obtain at least one reviewer from the candidate’s suggested list of reviewers and at least one reviewer who is not from the candidate’s list. The candidate may solicit additional internal or external evaluations beyond those requested by the committee.
2. The contents of the candidate’s promotion or tenure file including any written evaluations by internal or external reviewers shall be open to the candidate unless the candidate agrees in writing that any particular evaluation shall be confidential. The candidate shall be entitled to respond to any evaluations of teaching, scholarship, or service. The committee shall communicate the results of the reviews of teaching and scholarship along with the candidate’s responses, if any, to the faculty.
3. The voting members of the faculty of the Law School who are superior in academic rank to the person under consideration (or, in tenure cases, tenured members of the faculty and members of the faculty with indefinite contracts) shall decide by majority vote of those present and voting whether to recommend the candidate’s promotion or tenure to the dean. In making this decision, the faculty members shall take into consideration the qualifications for promotion and tenure set forth in these principles, the information contained in the candidate’s promotion or tenure file, the information presented by the Promotion and Tenure Committee, and any other relevant information presented by the candidate or other members of the faculty. The faculty recommendation shall be forwarded to the dean, together with the reasons for, and the results of, the vote.
4. The dean shall forward the faculty recommendation for promotion or tenure, with reasons, along with his or her evaluation of the recommendation, and if different, with his or her own recommendation to the president, who shall make the final decision.
   
   If tenure or promotion is granted, the president shall notify the dean and the candidate in writing. A positive promotion or tenure decision shall be effective as of the beginning of the academic year following the positive decision. If tenure or promotion is denied, the president shall notify the candidate and the dean in writing. In the case of a negative tenure decision for any candidate who did not have an indefinite contract by December 31, 2024, the dean shall notify the faculty member that their appointment will terminate at the end of the succeeding academic year. In the case of a negative tenure decision for any candidate who had an indefinite contract as of December 31, 2024, the dean shall notify the faculty member of the denial and indicate that the faculty member cannot reapply for tenure. A negative tenure decision will not affect the indefinite contract of any faculty member who had an indefinite contract as of December 31, 2024.

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