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

Section X. Retirement

(This document is currently under review by the Faculty Senate. Some parts of this section are no longer applicable).

1. Retirement Policy for Members of the Faculty
        Each member of the faculty who has permanent tenure shall automatically be retired, without notice, on July 1 coincident with or next following his or her seventieth birthday except as herein provided.
      
2. Reappointment Beyond Normal Retirement Date
        A faculty member may be continued in employment past the retirement date specified in Section X.A [immediately above] only when exceptional circumstances are such that the institution would suffer adverse effects if that person's service were not continued. Continuation in employment may be authorized only by a term appointment, each term not to exceed one year in duration. Any continuation in employment must be upon recommendation of the Chancellor and approval of the Board of Trustees, and in accordance with the following procedure.
   1. Each proposed appointment to continue employment beyond the retirement date specified in Section X.A shall be initiated by recommendation of the chairperson or dean of the department or school concerned after consultation with the faculty member. The recommendation shall present evidence that the faculty member can continue to perform at a high level, and it shall set forth in detail the exceptional circumstances that justify the recommendation.
   2. The chairperson's or appropriate dean's recommendation for continuation shall be reviewed through the administrative channels prescribed for reviewing recommendations for other fixed-term faculty appointments, and must receive approval of the Board of Trustees.
   3. Not later than twelve months before the retirement date specified in Section X.A and not later than six months after any subsequent term of employment, the faculty member shall be given written notice either by his/her chairperson or school dean that his/her continuation is not to be affected or by the Chancellor that his/her continuation has been approved. Failure to give notice as herein required is not a basis for continuing employment.
   4. If the faculty member's department chairperson or school dean determines that the continuation of employment should not be effected, he/she shall so notify the faculty member in writing. A copy of the notice given to the faculty member shall be sent to the chairperson's or school dean's immediate supervisor.
   5. The faculty member may request a review of the chairperson's or school dean's determination by the chairperson's or school dean's immediate supervisor. This request must be written and may set forth any exceptional circumstances relating to adverse effects upon the institution that the faculty member expects will result if he/she is not continued. The supervisor's concurrence with the chairperson's or school dean's decision affirms the decision. If the supervisor thinks the matter should be reviewed, he/she shall so notify the faculty member's chairperson or school dean, who shall thereupon put the matter forward into the regular administrative review channels. Concurrence with the chairperson's or school dean's determination at any level of administrative review is a final determination, and review thereupon terminates at that level. If there is disagreement with the chairperson's or school dean's decision at any level of review below the Chancellor, the question of reappointment shall immediately be referred to the Chancellor for recommendation to the Board of Trustees.