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Frequently Asked Questions about the Report of the Committee to Consider a More Flexible Tenure Probationary Period

The Committee to Consider a More Flexible Tenure Probationary Period was appointed by the provost to look at a range of questions about the timing of tenure review at U-M, and issued a report with recommendations for change. Below, the committee offers answers to questions it has heard since the issuance of its report in the interest of promoting the continued faculty discussion that is essential to the development of sensible policy.

Introduction

The deliberations of the committee produced agreement on several important points:

First, tenure is a foundation of our academic freedom and intellectual life together and should not be weakened;

Second, a finite probationary period that offers a genuine opportunity to earn tenure should be maintained, because that strengthens our intellectual community and serves as a competitive advantage in faculty recruiting;

Third, the goal of the probationary period and tenure itself is to produce and protect a faculty with the highest standards of scholarship, teaching and service;

Fourth, we distinguish between the standards for achieving tenure and the amount of time necessary to achieve those standards. Current policies seem to hold back those whose outstanding work meets the standards early, penalize those whose outstanding work needs more time, and prevent those with part-time appointments of less than 80 percent from being reviewed for tenure at all;

Fifth, we recognize that our schools and colleges are not identical and require enough flexibility to devise policies that work in their own fields and disciplines.

The Association of American University Professors (AAUP) recommended a six-year probationary period in 1941. In 1944 the University adopted a maximum probationary period of eight years. Around these rules, various implicit and explicit understandings have developed: when a review for tenure is early or late, how a year counts toward time in the probationary period, or might be excluded from it, etc.

The committee was surprised to learn, however, that the policy has been in effect since 1944 without comprehensive review. Changes in family and academic life since 1944 require us to revisit and review these rules, a point the AAUP made in its 2001 "Statement of Principles on Family Responsibilities and Academic Work."

FAQs and Responses

1. Where can I get a copy of the report? www.provost.umich.edu/reports/flexible_tenure/contents.html.

2. Who was on this committee?
The committee membership is listed in section III of the report: www.provost.umich.edu/reports/flexible_tenure/committee_membership.html. Membership included 13 faculty representing 7 U-M-Ann Arbor colleges, U-M-Flint and U-M-Dearborn.

3. What are the recommendations of the report?
The main recommendations are summarized on page 2 of the report:

"The Committee recommends that the University adopt policies that create more flexibility in the tenure probationary period. Our central recommendation is that each school and college identify a presumptive time of tenure review and then create fair and consistent policies that may accelerate or postpone the tenure review for faculty members depending on their situations. To permit such policies to develop in the schools and colleges, two crucial changes need to be made in University policy: 1) Revising Regents' Bylaw 5.09 to extend the maximum probationary period from the current eight years to 10 years, so that schools and colleges have the freedom to provide longer tenure probationary periods when that is justified by their policies; 2) Oversight of school and college policies by the Provost or Chancellor to ensure that school and college policies define fair and clear criteria for decisions about accelerating or postponing the timing of the tenure review. We also recommend a new policy to make it possible for faculty members to work part-time and remain on the tenure track, accruing years of service on a prorated basis. These recommendations are intended to adapt the institution of tenure to the realities of contemporary scholarship and faculty life."

4. Will any school or college be required to make these changes?
No. Schools and colleges have different policies now, and will be able to continue to do so.

5. Why did the committee recommend these changes?
The committee found that our current policies for the tenure probationary period need to be reviewed in the face of important changes in the world, including: 1) Changes in academic fields, interdisciplinarity, difficulty of obtaining adequate funding and limited access to scholarly publication; 2) Differences in individual experiences and circumstances, including family responsibilities that lead to differing timetables of accomplishment; 3) Intense competition to recruit and retain excellent faculty. Neither a shorter nor a longer tenure probationary period offers a sensible solution to this complex set of challenges. Instead, more flexibility is desirable.

6. What are the University's current rules about the tenure probationary period? Do all of the schools and colleges have the same rules?
The University's current policies are described at: www.provost.umich.edu/faculty/tenure_review/policies.html.

"Thus, the University views the eight years as a deadline within which the University must either grant tenure to, or terminate, a tenure track faculty member. Except in extraordinary cases, a school or college must make the decision about tenure for a faculty member no later than the end of the faculty member's seventh year on the University-wide tenure clock."

Within the framework of the University's policy, different schools and colleges have established different times for tenure review (ranging from year five to year seven of the probationary period). This variation across U-M has been in effect for many years.

7. What position does the report take on tenure?
The report strongly affirms the importance of tenure: "Our deliberations began with a shared commitment to a tenure process that produces excellence and is of finite duration." (page 3)

On page 4 it further affirms, "It is also important to emphasize that the Committee's recommendations are not intended to erode in any way the rights and responsibilities connected with faculty tenure. The members of the committee endorse the belief that tenure is an essential part of the guarantee of academic freedom and key to the recruitment and retention of an excellent faculty."

8. Does the report call for lengthening the time without tenure for everyone?\
No. "It is important to emphasize that flexibility means the capacity to move both more quickly and more slowly." (page 4)

9. On what grounds now can years on the tenure clock be extended?
By University policy the tenure probationary period is extended when, for a limited set of specific reasons, one or more years is excluded from counting toward the total years of tenure track service. Only faculty members who give birth to a child are entitled to an automatic exclusion of one year on the tenure clock. The current rules also make it possible for faculty members to request exclusions of time on the clock for other reasons, including dependent care or medical emergencies. These requests must be approved by the dean and by the provost. Because there are no explicit criteria for such requests, individual faculty—and their mentors and department chairs—may be unaware of the possibilities potentially available. For the same reason, decision makers are often reluctant to authorize these exceptions.

10. On what grounds now can tenure review be accelerated to occur earlier than the normal time?
A faculty member may request a tenure review at any time prior to the beginning of the seventh year. The dean of the school or college has discretion to decide whether to grant the request.

11. Under current University policy, is a higher standard required when a faculty member comes up for tenure earlier or later than the normal time?
There is no current University policy on this subject, except that when a year of service has been excluded from the tenure clock for childbirth or dependent care, it is explicitly stated that the tenure expectations remain constant. Schools and colleges vary in their practices, including the weight they give to years of experience in academic appointments at other universities prior to U-M. The committee recognized that it is widely believed that an early tenure review will assume a higher standard of performance, and that belief may operate as a disincentive for faculty to request early reviews.

12. What does the committee recommend about standards?
The committee recommends that the standard of achievement in scholarship or creative work for early or later tenure review will not be higher than the standard for review at the presumptive time. (page 8)

13. Why must Regents' Bylaw 5.09 be changed to accommodate these recommendations?
The bylaw requires that faculty members either achieve tenure or leave their position no later than eight years after they first join the faculty on the tenure track. If any school or college wishes to provide for a longer tenure probationary period, then the regents' bylaw must be revised to make that possible.

14. If the bylaw is changed to permit 10 years in the probationary period, will the tenure probationary period change for all the schools and colleges?
No. The bylaw only sets the outer limit.

15. Why did the report consider a part-time
tenure track?
In current University policy years of service either count on the tenure clock or they are excluded entirely. Another mechanism for increasing flexibility is to count years of service proportionately to the appointment fraction of the faculty member. The report recommends that the outer limit of the probationary period for faculty members with sustained part time appointments be 13 years. This is a similar model to other universities (like Stanford and Wisconsin) that adjust the outer limit of the probationary period for part-time tenure track faculty.

16. What are our peers doing on these issues?
This issue is being widely discussed nationally. In November 2001, the AAUP issued a "Statement of Principles on Family Responsibilities and Academic Work"
(www.aaup.org/Issues/FamilyWork/Policy/policy.htm). "An Agenda for Excellence: Creating Flexibility in Tenure Track Faculty Careers," was released in the spring of 2005 by the American Council on Education. Appendix III of the committee's report lists some universities with flexible policies related to the tenure probationary period.

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