Policies of Academic Freedom and Tenure

The University of North Carolina 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; revisions approved October 2009.

This document sets forth the official policy of The University of North Carolina 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. Non-reappointment hearings procedure
7. Faculty committee to hear grievances
8. Due Process Before Dischange or the Imposition of Serious Sanctions
9. Termination of faculty employment
10. Retirement
11. Policy on leave
12. Implementation

Section VIII. Due Process Before Discharge or the Imposition of Serious Sanctions

1. A faculty member who is the beneficiary of institutional guarantees of tenure shall enjoy protection against unjust and arbitrary application of disciplinary penalties.
   1. The permissible grounds for discharge from employment, suspension or demotion in rank are only for reasons of:
   1. Incompetence, including significant, sustained unsatisfactory performance after the faculty member has been given an opportunity to remedy such performance and fails to do so within a reasonable time frame;
   2. Neglect of duty, including sustained failure to meet assigned classes or to perform other significant faculty professional  obligations; or
   3. Misconduct of such a nature as to indicate that the individual is unfit to continue as a member of the faculty, including violations of professional ethics, mistreatment of students or other employees, research misconduct, financial fraud, criminal, or other illegal, inappropriate or unethical conduct. To justify serious disciplinary action, such misconduct should be either (i) sufficiently related to a faculty member’s academic responsibilities as to disqualify the individual from effective performance of university duties, or (ii) sufficiently serious as to adversely reflect on the individual’s honesty, trustworthiness or fitness to be a faculty member.
   4. These sanctions may be imposed only in accordance with the procedures set forth in Section 603 of the Code. For purposes of this Code, a faculty member serving a stated term shall be regarded as having tenure until the end of that term. These procedures shall not apply to reappointment or termination of employment.