Policies of Academic Freedom and Tenure

The University of North Carolina at Wilmington

Approved by the Board of Governors of The University of North Carolina - May 14, 1976, effective June 11, 1976; revisions approved July 20, 1979, effective July 20, 1979; revisions approved May 10, 1982, effective July 1, 1982; revisions approved November 11, 1994, effective December 9, 1995; revisions approved January 2001, effective July 1, 2001; revisions approved August 2007; effective August 2007.

This document sets forth the official policy of The University of North Carolina at Wilmington regarding academic freedom, rights, and responsibilities, promotion, and tenure of its faculty. Fundamental in this policy are the concepts of academic freedom, rights, and responsibilities as stated in Chapter VI of the Code of The University of North Carolina. Equally fundamental is an explicit policy of promotion and tenure.

1. Freedom and responsibility in the university community
2. Academic freedom and responsibility of faculty
3. Academic tenure
4. Policies on appointment, promotion, and tenure
5. Mediation of faculty grievances
6. Nonreappointment hearings procedure
7. Faculty committee to hear grievances
8. Policies regarding cessation of university employment
9. Termination of faculty employment
10. Retirement
11. Policy on leave
12. Implementation

V. Mediation of Faculty Grievances

The university encourages faculty to resolve grievances in an amicable fashion whenever possible. As a result, the university provides faculty the opportunity to participate in mediation conducted by trained mediators. In order to learn more about the mediation services and to access those services, a faculty member should contact the Director of Human Resources or his/her designee. Upon the filing of a grievance, the chair of the Faculty Professional Relations Committee, or in the case of a request to review a nonreappointment decision, the chair of the Faculty Hearings Panel shall determine whether the faculty member has considered mediation as an alternative dispute-resolution process and provide information about this process for the faculty member to consider. Entering into mediation will suspend the time limitations for the filing and/or the formal resolution of the grievance or a hearing for the duration of a mediation being conducted.

The university shall pay for the mediation services, without charge to the faculty member, the department, or any individual administrator who is a party to the mediation. Mediation is voluntary, and both parties must agree to participate in order for mediation to proceed. The decision not to participate in mediation by either party will not be held against that party in any way, and no blame will attach to either party if mediation does not produce a settlement. At any time during the process, any party may withdraw and the mediation will end. If at any time during the process it becomes evident to the mediator that the parties cannot reach an agreement, the mediator may discontinue the process.

The mediation is confidential to the extent allowed by law. If both parties agree, the parties may each have an advisor present. If mediation is successful and results in an outcome acceptable to both parties, neither party may pursue a pending grievance or a hearing or at a later date file a grievance or request for a hearing on the matters addressed in the mediation. A successful mediation may result in a written agreement signed by both parties. Any mediation which results in an agreement that obligates the university must be signed by a university official with the authority to bind the university concerning the particular agreement. No record of a failed mediation will be produced by the mediator other than a statement written to either the chair of the Faculty Professional Relations Committee or the chair of the Faculty Hearings Panel, as appropriate, that mediation was attempted but settlement was not reached. Within five days after an unsuccessful mediation, the faculty member has the responsibility to notify the pertinent chair that he or she desires to pursue the grievance. The grievance will then be reviewed by either the Faculty Professional Relations Committee or the Faculty Hearings Panel as appropriate and in accordance with the relevant policy. The parties must agree that the mediator will not be called as a witness in any subsequent proceeding and that anything done or said by either party during a mediation process may not be used against a party in any subsequent proceeding.