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V. FACULTY BYLAWS
(Revised 1/6/2020)
Table of Contents
Section 1. Promotion and Tenure ................................................................................. 2
1.1 Faculty Promotion and Tenure Committee and Procedures .............................. 2
1.2 Promotion Evaluations ................................................................................... 10
1.3 Tenure Evaluations .......................................................................................... 11
Section 2 Third-Year Review of Untenured Faculty ................................................. 12
2.1 Procedure ......................................................................................................... 12
2.2 Evaluation of Scholarship: .............................................................................. 13
2.3 Evaluation of Teaching .................................................................................... 15
2.4 Evaluation of Service ....................................................................................... 16
2.5 Conclusion ....................................................................................................... 16
Section 3 Salary .......................................................................................................... 17
Section 4 Evaluation of Faculty ................................................................................. 18
4.1 Evaluation of Tenured and Tenure-Track Faculty .......................................... 18
4.2 Evaluation of Adjunct Professors .................................................................... 18
Section 5 Faculty Teaching Loads and Scholarship Expectations ............................. 18
Section 6 Faculty Research Leave Program ............................................................... 18
Section 7 Outside Activity Policy .............................................................................. 21
Section 8 Faculty Hiring Voting Procedures........................................................... 22
8.1. Vote to Hire Permanent Tenure-Track Faculty ............................................... 22
8.2 Hiring of Visitors ............................................................................................. 22
Section 9 Clinical Faculty - Voting and Committee Membership ............................. 22
Section 10 Absentee Ballots ....................................................................................... 23
Section 11 Teaching Assignments ............................................................................. 24
Section 12 Students Having Academic Difficulty Faculty Responsibility ............. 24
Section 13 Legal Research and Writing Program ...................................................... 24
Section 14. Specialized Faculty: Clinical and Legal Writing Faculty .......................... 24
14.1 Classification.................................................................................................. 24
14.2 Promotion Committee ..................................................................................... 24
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14.3 Promotion Evaluations .................................................................................... 25
Section 15 Responsibility to Meet Classes ................................................................ 29
Section 16 Substantive Change Policy ....................................................................... 29
Section 1. Promotion and Tenure
These rules are intended to provide for orderly and consistent administration of
promotion and tenure decisions within the College of Law (College), and to provide
candidates for promotion and tenure adequate notice of the procedures and standards for
such decisions. These rules are to be implemented and construed consistent with and as
provided by University-wide rules for promotion and tenure.
1.1 Faculty Promotion and Tenure Committee and Procedures
1.1.1 Committee Membership. A Promotion and Tenure Committee
(Committee) composed of five tenured, full professor members of
the College faculty shall be elected at a meeting of the tenured and
tenure-earning College faculty. The eligible voting faculty shall
also elect one of the Committee members as chair of the
Committee, who will also serve as the College’s representative to
the University Promotion and Tenure Committee. No faculty
member shall serve more than two consecutive years on the
Committee. Terms on the Committee will be staggered to ensure a
partial rotation each year.
1.1.2 Committee Duties. The Committee shall be responsible for
deciding, and, where required by these rules, for recommending to
the College faculty, promotions in rank, awards of tenure, and
retention of tenured and non-tenure earning faculty. The
Committee shall also assume such other duties as are set forth
elsewhere in the College’s rules.
1.1.3 Description of General Areas of Consideration. The Committee
shall conduct evaluations within its scope of responsibilities to
ensure that the College promotes faculty effectiveness in four
areas: (1) teaching; (2) scholarly research and writing; (3) other
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service within the profession; and (4) contribution to the College
and University.
1.1.3.1 Teaching. Teaching effectiveness includes
presenting knowledge, information, and ideas by
means or methods such as lecture, discussion,
assignment and recitation, demonstration, practical
exercises and experiences, and direct consultation
with students, as appropriate to the purposes and
objectives of legal education. The Committee
evaluation shall include consideration of
effectiveness in imparting knowledge and skills,
and effectiveness in stimulating students’ critical
thinking and creative abilities, and adherence to
accepted standards of professional behavior in
meeting responsibilities to students.
1.1.3.2 Scholarly Research and Writing. Effectiveness in
scholarly pursuits focuses on the contribution to the
body of scholarship in law, legal education, and
related disciplines. Evidence of research and
writing shall include, but not be limited to:
published books; articles and papers in academic
and professional journals; papers presented at
meetings of academic and professional societies;
and research that has not yet resulted in publication
or presentation. The evaluation shall include
consideration of the faculty member’s productivity,
including the quality and quantity of what has been
accomplished, and of the faculty member’s research
other contributions; and recognition by academic
and professional communities of the body of work.
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1.1.3.3 Other Service within the Profession. Service within
the profession focuses on work in appropriate
professional organizations; participation in
professional meetings, symposia, conferences, and
workshops; and participation on local, state, and
national governmental boards, agencies, and
commissions.
1.1.3.4 Contribution to College and University.
Contribution to the College and University focuses
on service on College and University committees,
councils, and senates and other assigned duties that
relate to and further the mission of the College and
University.
1.1.4 Procedures for Evaluation of Areas of Consideration
1.1.4.1 Teaching Effectiveness
1.1.4.1.1 Generally. The Committee shall utilize
whatever procedures it deems reasonably necessary
in reaching informed and fair decisions concerning
teaching effectiveness and shall supply, upon
request, to the candidate or to the full faculty if so
required by these rules, the basis for its judgment, to
the extent feasible. Consideration shall be given to
regularly-administered student evaluations, but
supplementary evidence shall also be developed.
1.1.4.1.2 Student Evaluations
1.1.4.1.2.1 An evaluation by students should be
administered in each course (including
seminars and the like) at a convenient time
shortly before the end of each term. Due to
the importance of this evaluation, an entire
class period should be used, if needed.
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However, the evaluation should be
administered in a manner that assures
normal (presumably full) attendance.
1.1.4.1.2.2 The Dean's Office shall be
responsible for overseeing the
administration of the required evaluations.
1.1.4.1.2.3 Each faculty member shall receive a
copy of his individual evaluation results and
a statement of evaluation policy.
1.1.4.1.2.4 Unless University-wide policy calls
for wider distribution, the evaluation results
will be made known only to the respective
faculty member, the Dean, and members of
the Committee, or to the full faculty if so
required by these rules.
1.1.4.1.2.5 All data on which such evaluations
are based shall be retained by the Office of
the Dean for at least two, but not more than
seven years.
1.1.4.1.3 Supplementary evidence. Additional
possibilities for developing supplementary evidence
to support Committee decisions include:
1.1.4.1.3.1 Class visitations by faculty members,
as coordinated by the Committee.
1.1.4.1.3.2 Personal interviews of a
representative group of students, including
one or more students of the candidate's
choice.
1.1.4.1.3.3 Personal interviews of other faculty
members.
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1.1.4.1.3.4 Evaluation by alumni (through
questionnaires and, if possible, personal interviews
of a representative panel).
1.1.4.2 Scholarly Research and Writing
1.1.4.2.1 Normal standards. No specific guidelines for
research and writing are set forth for persons in the
ranks of assistant and associate professor. As a
general guideline, Committee evaluations of
scholarly research and writing will be conducted
based on a “unit” of work. A unit is an article of
high merit of typical length and scope published or
accepted for publication in a law journal sponsored
by a member school of the Association of American
Law Schools, a law journal edited by faculty from
such schools, or an equivalent journal publication.
The Committee may consider a given piece worth
more than one unit, or in an unusual case such a
piece may be assigned a lesser value. Other written
pieces published or accepted for publication,
including books, monographs, articles in other
appropriate publications, book reviews, and the like
will receive appropriate unit valuation from the
Committee. Factors relevant to deciding the
applicable valuation include quality of the
publishing journal, scope and length of the article,
co-authorship, and demonstrable value and effect of
the article on the legal profession.
1.1.4.2.2 Procedures for Evaluation. The Committee
is responsible for soliciting objective evaluations of
the candidate's scholarship from recognized
authorities.
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1.1.4.3 Service within the Profession
1.1.4.3.1 Normal Standard. This norm by nature is the
vaguest of all because of variables such as the
amount of available time; the nature of the faculty
member's academic interest; and opportunities for
service through law revision commissions, state bar
committees, AALS, ALI, ABA, AALL committees,
continuing legal education programs, and the like.
Each faculty member is encouraged to participate in
relevant and significant professional activities,
particularly where the activity contributes to the
faculty member's over-all impact on students and
brings added prestige to the College of Law.
1.1.4.3.2 Procedures for Evaluation
1.1.4.3.2.1 The candidate shall supply evidence
of relevant and significant activities, setting
forth the nature of the activity, its relation to
the faculty member's teaching assignments,
its value to the College of Law and the legal
profession generally, and other relevant
facts.
1.1.4.3.2.2 Where appropriate, significant
contributions and the corroborating evidence
should be included in the candidate's binder.
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1.1.4.4 Contribution to College and University
1.1.4.4.1 Normal standards. Each faculty member is
expected to carry out a fair share of Committee
duties and, as applicable, administrative duties in
the College of Law and throughout the University.
This norm will vary greatly depending upon the
needed Committee participation, the administrative
duties assigned, and the size of the faculty.
1.1.4.4.2 Procedure for Evaluation
1.1.4.4.2.1 The candidate shall supply evidence
of committee participation, and the
Committee shall interview the Dean and
other faculty members and students who
served on the same committees.
1.1.4.4.2.2 The Committee should also attempt
to identify the outstanding contributions --
often intangible -- which help the College of
Law remain a dynamic institution.
1.1.4.4.2.3 Where appropriate, significant
contributions, and the corroborating
evidence should be included in the
candidate's binder.
1.1.5 Transmission and Review of Committee Decisions
1.1.5.1 Notice to Candidates. The candidate shall be
informed in writing of the Committee's decision to
recommend or not to recommend tenure or
promotion by the Chairperson of the Committee.
All decisions of the Committee shall be in writing
accompanied by reasons.
1.1.5.2 Promotion - Review of Committee Decisions
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1.1.5.2.1 When the vote of the Committee is
unanimously favorable to the candidate on a
specific issue relating to promotion, no further
faculty consideration is required.
1.1.5.2.2 When a vote is not unanimously favorable to
the candidate, the issue shall be submitted to the
tenured and tenure-earning faculty who hold a rank
at or above the rank to which the candidate seeks
promotion. The candidate shall be notified before a
referral to the faculty, and permitted to request that
the Committee withdraw his/her name from
consideration. The secret ballot shall provide for
affirmative and negative action and conform to the
University rules regarding “reasons for Negative
Ballots for Promotion and/or Tenure.”
1.1.5.3 Tenure - Meeting of Tenured Faculty and Secret
Ballots. The Committee shall make its
recommendation on tenure to the tenured members
of the faculty and conduct a vote by secret ballot.
The Committee shall transmit the results of the vote
to the Dean.
1.1.5.4 Procedure for Counting Secret Ballots of Faculty.
Whenever a secret ballot is provided for under these
procedures, the ballots shall be collected and
counted by the Dean and the chairperson of the
Committee.
1.1.5.5 The Dean shall make an independent objective
evaluation of a candidate's qualifications for
promotion, taking into account the faculty's and
Committee's recommendation. The Dean shall
provide the faculty with a written explanation of an
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exercise of the Dean's judgment that differs from
the faculty or Committee recommendation.
1.2 Promotion Evaluations
1.2.1 Eligibility
1.2.1.1 The period of time in a given rank before a faculty
member is eligible for consideration for promotion
is normally five years.
1.2.1.2 Notwithstanding the foregoing, demonstrated merit,
not years of service, is the guiding factor in
promotion decisions. Early promotion is possible
where there is sufficient justification.
1.2.2 Standards
1.2.2.1 Assistant Professor to Associate Professor. In
reaching its decision on promotion to associate
professor, the Committee shall consider whether the
candidate has demonstrated evidence sufficient to
establish the following:
1.2.2.1.1 Effectiveness in teaching to merit
promotion to associate professor.
1.2.2.1.2 Definite scholarly accomplishments
to merit promotion to associate professor.
Attainment of this standard normally will
require that the candidate will have
completed three units of work while an
assistant professor and demonstrated a
consistent flow of productivity.
1.2.2.1.3 That the candidate is becoming
nationally or internationally recognized as a
scholar in the field sufficient to merit
promotion to associate professor.
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1.2.2.1.4 Reasonable and appropriate service
to the profession and contributions to the
College and University to merit promotion
to associate professor.
1.2.2.2 Associate Professor to Professor. In reaching its
decision on promotion to professor, the Committee
shall consider whether the candidate has
demonstrated evidence sufficient to establish the
following:
1.2.2.2.1 Superior effectiveness in teaching to
merit promotion to professor.
1.2.2.2.2 Sustained scholarly accomplishments
of high quality to merit promotion to
professor. Attainment of this standard for a
faculty member seeking promotion within
five years of promotion to associate
professor normally will require that the
candidate will have completed at least three
units of high quality work while an associate
professor.
1.2.2.2.3 That the candidate has become
nationally or internationally recognized as a
scholar in the field sufficient to merit
promotion to professor.
1.2.2.2.4 Superior service to the profession
and contributions to the College and
University.
1.3 Tenure Evaluations
1.3.1 Eligibility. Except in rare instances, tenure should be granted after
five (5) years of service in a tenure-earning law school teaching
position, with at least two years completed at the College, unless
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the Dean of the College accepts the candidate’s written request of
consideration after four years of service with at least one year at
the College. Any tenure service credit transferred from another
institution must be agreed upon in writing at the time of
appointment, and shall not exceed three years for appointment as
an untenured associate professor or two years for appointment as
an assistant professor.
1.3.2 Standards. The award of tenure signifies recognition of
academic achievement in all four of the areas of
consideration, and is not a guarantee after any period of
service. Candidates for tenure will normally be expected to
fulfill the requirements and standards for the rank which
they will hold at the time they wish the award of tenure to
be effective.
Section 2 Third-Year Review of Untenured Faculty
The performance of tenure-eligible faculty shall be reviewed in the third year of
appointment. The purpose of the review is to advise the faculty member and the Dean of
the College of Law on the faculty member’s progress toward tenure. The review will be
conducted by the Promotion & Tenure Committee of the College of Law and will assess
the faculty member’s progress on each of the three components of a tenure evaluation:
scholarship, teaching, and service. The standard against which progress is measured will
be the promotion and tenure guidelines in force at that time.
2.1 Procedure
2.1.1 In the fall semester of each academic year, the Dean of the College
of Law shall notify the Chairperson of the Promotion & Tenure
Committee of any faculty member who is in the third year of a
tenure-earning appointment. The Chair of the Committee will then
discuss with the faculty member the review process and the
schedule to be followed. The Committee’s reviews will be
conducted in the spring semester of the faculty member’s third
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year (except in special circumstances, in which the review may
occur in the fall semester of the review year). The class
observations will usually occur in both semesters of the third year,
to ensure observation of the full range of a candidate’s teaching
package.
2.1.2 The Committee will invite the faculty member to meet with the
Committee at an early stage of the review process. The general
purpose of such meeting will be to give the faculty member an
opportunity to inform the Committee of the faculty member’s
scholarship and teaching activities to date and plans for the future.
2.1.3 Assistant Professors hired with credit toward tenure shall have
credited years included in the determination of the timing of the
third-year review unless an alternative schedule is mutually agreed
upon by the faculty member and the dean.
2.1.4 Transitional Rules. Assistant Professors hired July 1, 2019, or
later shall receive a tenure review in their third year according to
the procedures in these bylaws. Assistant Professors hired before
July 1, 2019, who have not yet had a second-year review may
choose between a second- and fourth-year set of reviews
(following the timing procedures of the version of the bylaws in
effect on July 1, 2019) or a single third-year review. Assistant
Professors hired before July 1, 2019, who have already had a
second-year review shall have a fourth-year review (following the
timing procedures of the version of the bylaws in effect on July 1,
2019).
2.2 Evaluation of Scholarship:
2.2.1 The Committee will consider all scholarship produced by the
faculty member in the following categories:
2.2.1.1 published work, including scholarship published
prior to appointment at the College of Law;
2.2.1.2 scholarship that has been accepted for publication;
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2.2.1.3 scholarship that has been submitted for
consideration for publication;
2.2.1.4 substantial working drafts of scholarship that is in
progress; and
2.2.1.5 invited presentations in symposia, scholarly lecture
series, faculty colloquia, faculty workshops, and
professional conferences.
2.2.2 Review of the written scholarship will be conducted by the
members of the Committee. The Committee may also seek
assistance in reviewing the scholarship from a member of the
College of Law faculty with expertise in the field of the
scholarship. Submission of work to external reviewers is not part
of the third-year review. If the faculty member has received any
correspondence or reviews of published work, the faculty member
may include those in the material to be considered by the
Committee.
2.2.3 The Committee will invite the faculty member to meet with the
Committee at an early stage of the review, to discuss the scholarly
agenda of the faculty member and to locate current projects within
that agenda. The meeting is also an opportunity for the faculty
member to discuss scholarly efforts that may not have reached the
stage of a substantial working draft.
2.2.4 Faculty members are encouraged to present scholarly work to the
faculty of the College of Law no later than the semester of the
third-year review. If the faculty member has not yet made or
scheduled a presentation to the faculty as part of the Faculty
Development Committee speakers’ series, the Committee will
consult with the faculty member about a suitable alternative forum
for a presentation, and will make the arrangements for such
presentation, if thought by the Committee to be appropriate.
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2.3 Evaluation of Teaching
2.3.1 The Committee will evaluate the faculty member’s teaching by the
following methods:
2.3.1.1 review of official student evaluations in all courses
taught at the College of Law;
2.3.1.2 review of syllabi from all courses taught at the
College of Law;
2.3.1.3 classroom visits by members of the Committee;
2.3.1.4 comments solicited from other faculty colleagues
who have visited a class session of the faculty
member being reviewed.
The faculty member being reviewed shall have the responsibility
of providing the information in items 2.3.1.1 and 2.3.1.2 to the Committee.
2.3.2 Classroom visits by the Committee shall be arranged in
consultation with the faculty member, with at least one week’s
notice prior to a visit. The faculty member may be asked to make
available to the visitor the course material scheduled for coverage
on the day of the visit. The visits will be scheduled in a way that is
sensitive to the syllabus of the course and the variations in
pedagogical aims for different class sessions in a semester. Insofar
as possible, the classroom visits will be scheduled to observe the
faculty member in a class session that is representative of the
teaching style that is generally used in that course. Reports of
classroom visits by members of the Committee will be submitted
to the Chair of the Committee, for consideration by the entire
Committee.
2.3.3 Early in the review process, the Committee will invite the faculty
member to meet with the Committee to discuss the faculty
member’s teaching and to put the current teaching assignments
into perspective. The meeting will be an opportunity for the
faculty member to explain the particular goals and methodologies
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for each of the courses in that semester, and to relate those courses
to the faculty member’s teaching package since appointment to the
faculty. This meeting can also be used by the faculty member to
provide the committee with information about teaching functions
performed outside of the classroom (e.g., moot court coaching,
DIS supervision).
2.4 Evaluation of Service
2.4.1 The Committee will consider any evidence of service submitted by
the faculty member being reviewed. This evidence may include,
but is not limited to:
2.4.1.1 service on committees of the College of Law;
2.4.1.2 service on committees of the university;
2.4.1.3 service on committees of scholarly organizations,
the bar, or other professional organizations;
2.4.1.4 formal or informal work of public service in which
the faculty member has drawn on his or her
expertise and experience as a legal scholar and
teacher to contribute to the public good.
2.4.2 The Committee’s review of the service component of the faculty
member’s performance will take into account the nature of the
demands of scholarship and teaching early in a career. Satisfactory
progress toward tenure with respect to service may be
demonstrated by formal and informal participation in the
governance of the College of Law at a level that is appropriate for
someone in the first three years of an appointment.
2.5 Conclusion
2.5.1 In connection with the third-year review, the Committee shall
prepare a written report, in narrative form, of the meeting
reviewing the faculty member. The review will result in a
Committee conclusion that the faculty member is or is not making
satisfactory progress toward tenure in the areas of scholarship,
teaching, and service, and offer recommendations for ways to
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enhance performance in any area in which progress toward tenure
is less than satisfactory. The review is not designed to produce a
retention recommendation by the Committee, but the report of the
Committee will be transmitted to the Dean for use in the annual
evaluation of the faculty.
2.5.2 The results of the review will be communicated to the
faculty member by the Chair of the Committee. At the
request of either the Committee or the faculty member, a
meeting may be scheduled between the faculty member and
the Committee to discuss the observations of the members
of the Committee and the conclusions that were reached
during the review process. One goal of the review is to
provide a mentoring opportunity to the faculty member and
to help clarify expectations for tenure and the faculty’s
progress toward tenure.
2.5.3 The results of the review will be included in the faculty
member’s future tenure binders.
Section 3 Salary
University policies regarding salaries of law faculty members should recognize
that law school salaries must be responsible to competitive forces within the law teaching
profession and to competition with the practicing bar and government agencies for
qualified persons. Faculty salaries should be based on merit, and it should be recognized
that neither rank nor period of service compels or prohibits the advancement of a faculty
member's salary beyond those of his colleagues.
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Section 4 Evaluation of Faculty
4.1 Evaluation of Tenured and Tenure-Track Faculty
The Dean shall evaluate each tenured and tenure-track faculty member on
an academic year basis. The evaluation will normally be conducted in the spring
or summer, and will take into account performance of the duties assigned to the
faculty member over the past academic year. The evaluation will be carried out in
conformance with the University-wide rules for faculty evaluation.
4.2 Evaluation of Adjunct Professors
SPOT (Student Perception of Teaching) evaluation forms or an equivalent
evaluation shall be utilized as regards each adjunct professor.
Section 5 Faculty Teaching Loads and Scholarship Expectations
The normal faculty academic year teaching load shall be 11 to 12 semester hours
with no more than two substantive courses in a semester.
The minimum expectation is generally one substantial publication or its
equivalent every two years. In the Dean’s annual evaluations and subsequent
assignments of responsibility, including assignment of research leave, teaching load and
summer assignments, the Dean may take into account the faculty member’s achievement
of goals for scholarship.
Section 6 Faculty Research Leave Program
Research leaves for professional development are to be made available to faculty
members who meet the requirements set forth in this policy. Such research leaves are
granted to increase a faculty member's value to the University through enhanced
opportunities for professional renewal through study, research and writing, not as a
reward for service.
6.1 Full-time tenured faculty members who have at least six years full-time
service within the College of Law are eligible to request research leaves. Up to
one year as a visiting professor away from the College of Law can be counted
toward this six year minimum requirement.
6.2 Each request should be limited to two or three pages describing the
purposes of the program to be followed while on research leave and the potential
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benefits to the faculty member, the College of Law, the University, and the
profession. An up-to-date vita should be submitted with a listing of assignments
of responsibilities and courses taught in the last two academic years, a statement
of any other income anticipated to be earned, whether received or not, while on
research leave and a statement that the applicant agrees to comply with the
conditions of the research leave as indicated in this policy. Justification should be
submitted if the research leave is to be spent other than in residence at the Florida
State University, College of Law.
6.3 A committee composed of three to five tenured faculty members of the
College of Law shall be appointed by the Dean to review research leave requests.
Persons submitting proposals shall be ineligible to serve on the committee. The
committee shall review applications and submit a list of recommended
applications to the Dean. The committee, in ranking the applicants, shall consider
the benefits of the proposed program to the faculty member, the College of Law,
the University, and the profession. The length of time since the faculty member
was relieved of teaching duties for the purpose of research or other scholarly
activities, the fact of a term as a visiting professor and the elapsed time since the
competing applicants have been away from the College of Law shall also be
considered in ranking the applicants. Ordinarily, academic year research
assignments shall not be recommended by the Committee more frequently that
once every three years.
6.4 A faculty member may be required to postpone an approved leave for up
to one academic year if such faculty member's courses are neither temporarily
expendable nor coverable by other faculty members, visitors, or adjuncts.
6.5 While on research leave, the faculty member's salary will be three-quarters
pay for two semesters or full pay for one semester. The one-semester leave may
be coupled with an adjacent summer leave, salary to be the equivalent of teaching
a two-credit hour course. The salary for a research appointment that lasts only for
one summer shall be the same as that for teaching a two-credit hour course during
the summer.
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6.6 During any leave, contributions normally made by the University to
retirement and social security programs shall be continued on a basis proportional
to the salary received. Contributions normally made to employee insurance
programs and other employee benefit programs shall be continued during the
research leave.
6.7 Annual and sick leave for which the faculty member is eligible shall
continue to accrue on the basis of a full-time appointment during the period of the
research leave.
6.8 The faculty member must return to the University for at least one
academic year following participation in the program. Agreements to the contrary
must be reduced to writing prior to participation. Return to the University of
salary received during the program may be required in those instances in which
neither of the above is satisfied.
6.9 The faculty member must provide to the Dean of the College of Law a
brief written report of the faculty member's accomplishments during the research
leave and at least one copy of any research or other product resulting in whole or
part from work undertaken while on leave.
6.10 While on leave, the faculty member shall be eligible to receive college-
support services such as secretarial assistance, research assistance, and travel
funds. The request for such support should be detailed as part of the leave
proposal. The faculty member's entitlements in this regard must be worked out
with the Dean and communicated to the faculty member in writing.
6.11 While on leave, a faculty member shall be permitted to received travel and
living expenses, fellowships, grants-in-aid, or other financial assistance from
sources other than the University to assist in accomplishing the purposes of the
research leave. If such financial assistance is received, the University salary shall
normally be reduced by the amount necessary to bring the total income of the
research leave period to a level comparable to the faculty member's normal salary.
6.12 Faculty members on research leave shall be eligible for promotion and
salary increments. The faculty member's assigned duties for the period of the
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leave shall be the program as proposed. Program changes must have the prior
approval of the Dean.
6.13 Publications which have resulted in whole or in part from work
undertaken while on research leave shall contain an acknowledgement of the
support of the Florida State University, College of Law.
6.14 Untenured junior faculty shall be eligible for summer research leaves but
applications of tenured faculty shall be given priority in the evaluation process.
Section 7 Outside Activity Policy
Acceptance of a regular faculty appointment is a commitment that the individual
faculty member will devote substantially all of his or her working time to teaching and
legal scholarship.
As each faculty member's use of the academic schedule (which purposefully
provides extensive time for undertaking a full range of academic responsibilities) is a
matter of legitimate mutual interest, it is appropriate and consistent with ABA and AALS
guidelines that this faculty adopt a governing policy.
Outside activity is permitted only insofar as it does not interfere with a faculty
member's regular presence in the law school and availability for consultation and
interchange with students and colleagues, i.e., with the ability to discharge a full range of
academic responsibilities, and presents no conflict of interest for the College or the
University. Outside activity is encouraged insofar as it is demonstrably of public service,
is a source of novel enriching experience that can be directly utilized in the person's
capacity as a teacher and scholar, or is undertaken primarily to increase the faculty
member's academic effectiveness.
Only rarely should the requirements of any outside activity justify rescheduling a
class meeting, failing to attend to faculty committee work, the production of scholarly
work, or the timely design and grading of examinations.
A discharge of a fair share of non-classroom administrative and counseling
obligations to both students and colleagues is recognized as a primary academic
responsibility of each faculty member. No faculty member shall engage in any regular or
intermittent outside activity which substantially interferes with the discharge of his or her
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full academic responsibilities. In no case shall outside activity occupy more than 20% of
a faculty member's occupational time. A violation of the standards set forth in this policy
is a breach of academic trust which should subject a regular offender to termination of his
or her employment as a full-time faculty member.
Each faculty member shall, therefore, adhere to the letter and to the spirit of all
University rules in connection with outside activity, and in addition, shall (except for
such matters as are clearly de minimus in time or compensation) submit to the Dean, in
advance of the acceptance thereof, a statement of the nature and extent of each
anticipated outside activity and of the expected total time expenditure. Each report shall
thereafter be maintained in a reasonably current fashion.
Section 8 Faculty Hiring Voting Procedures
8.1. Vote to Hire Permanent Tenure-Track Faculty
The hiring of new faculty requires the affirmative vote of 60% of the
faculty voting on the candidate, including faculty voting by proxy. The Dean
should accept written proxies, i.e., sealed written ballots, prior to the meeting. The
eligibility of faculty on leave or visiting shall be determined by the Dean.
8.2 Hiring of Visitors
A visitor at the College of Law may not be considered for a permanent
position at the College during his or her visit unless the prohibition is waived by a
two-thirds vote of the tenure-track faculty in residence at the time of the vote.
Section 9 Clinical Faculty - Voting and Committee Membership
Clinical faculty members are entitled to attend all faculty meetings and to
participate in the discussion.
9.1 Clinical faculty members are entitled to vote on all matters before the
faculty other than matters relating to the hiring of a tenure track faculty member
or that involve the allocation of material resources to College of Law programs.
9.2 Clinical faculty members are entitled to full participation on all
committees of the College of Law at the designation of the Dean, other than the
appointments and promotion and tenure committees.
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Section 10 Absentee Ballots
10.1 Faculty who are otherwise eligible to vote shall be permitted to vote by
absentee ballot on the following matters:
10.1.1 The hiring, promotion, or tenure of individual faculty and
instructors (in those instances in which the faculty votes on such
individuals).
10.1.2 Rules governing eligibility for, and the duration of, employment of
any position of instruction or senior administration at the College
of Law.
10.1.3 Revision of the first-year curriculum or required courses.
10.1.4 Changes in the requirements for graduation.
10.1.5 The adoption, abolition, retention, or substantial alteration of any
program of instruction.
10.1.6 The adoption or abolition of any program reasonably projected to
entail an expenditure of over $5,000.
10.1.7 Eligibility for voting.
10.1.8 Changes in the grading system.
10.2 Absentee balloting shall be governed by the following
principles:
10.2.1 Absentee ballots shall be construed in light of the doctrine of cy
pres, under which an absentee ballot would not be defeated by an
amendment that slightly changed the issue on which the ballot was
cast, as long as a clear intent could be inferred.
10.2.2 Amendments that substantially transform the vote in a manner that
absent members could not have foreseen should be postponed for
consideration at a later meeting, or held open for a specified
period.
10.2.3 It is the sense of this policy that a faculty member will not exercise
the right to vote by absentee ballot unless that member has a good
reason for missing a meeting.
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Section 11 Teaching Assignments
No member of the faculty should be deemed to have a vested right to teach any
course, nor to retain an assignment to teach any course, because of prior teaching of it.
Likewise, no member of the faculty should have an absolute right to abandon a course
which such faculty member has been teaching. Course assignments should be made on
the basis of academic qualifications and needs, as assessed by the faculty, administration,
or Curriculum Committee.
Section 12 Students Having Academic Difficulty Faculty Responsibility
Individual faculty members should: (1) take affirmative steps to meet with student
study groups, particularly those that include students experiencing some academic
difficulty; and (2) place representative questions from past exams on reserve in the
Library and hold themselves open to review student performances on those exams.
Section 13 Legal Research and Writing Program
Legal Research and Writing instructors shall be hired only on an annual basis and
may be rehired annually, based upon performance evaluations including review of
official student evaluations. The initial and subsequent hiring document(s) for each
instructor shall contain these provisions and shall clearly indicate that the positions are
not tenure-track.
Section 14. Specialized Faculty: Clinical and Legal Writing Faculty
14.1 Classification
Clinical faculty and Legal Writing faculty fall under the University’s
classification of “specialized” (non-tenure accruing faculty) whose duty
assignments are specialized, so as to be predominantly teaching (hereinafter,
“teaching faculty”).
14.2 Promotion Committee
14.2.1 When considering the promotion of teaching faculty the
Committee described in Section 1.1.1 of the Faculty Bylaws
shall be supplemented with one or more teaching faculty
members (collectively, the “Specialized Committee”). The
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Specialized Committee, when constituted, is distinct from the
Committee describe in Section 1.1.1. Among other things, this
means that a teaching faculty member of the Specialized
Committee can only be involved in considering the candidacy
for promotion of teaching faculty members, and will not have
the authority to in any way participate as a member of the
Committee, and thus will have no authority to participate in the
Promotion and Tenure process set forth in Section 1 of these
Bylaws.
14.2.2 The Specialized Committee shall be responsible for reviewing
the binders of teaching faculty who are candidates for
promotion, making a decision by secret vote to recommend or
not recommend promotion, and preparing a report regarding its
decision.
14.3 Promotion Evaluations
14.3.1 Eligibility
14.3.1.1 The period of time in a given rank before a teaching
faculty member is eligible for consideration for
promotion is normally five years.
14.3.1.2 Notwithstanding the foregoing, demonstrated merit, not
years of service, is the guiding factor in promotion
decisions. Early promotion is possible where there is
sufficient justification.
14.3.2 Standards
14.3.2.1 Promotion is attained through meritorious performance
of the teaching faculty member’s assigned duties.
14.3.2.2 Promotion from Teaching Faculty I to Teaching Faculty
II shall be based on recognition of demonstrated
effectiveness in the teaching faculty member’s assigned
duties.
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14.3.2.3 Promotion from Teaching Faculty II to Teaching Faculty
III shall be based on recognition of superior
performance in the teaching faculty member’s assigned
duties.
14.3.2.3 Promotion decisions shall take into account: (1) annual
evaluations; (2) Annual Assignment of Responsibility
(AOR); (3) evidence of sustained effectiveness relative
to opportunity and their assignment; and (4) fulfillment
of the criteria set forth in 14.3.2.4 and 14.3.2.5.
14.3.2.4 Teaching Effectiveness
14.3.2.4.1 Teaching Faculty: Clinical
Demonstrated excellence in teaching,
including effective and conscientious
instruction in the clinical program and
administration of the program to achieve
the goals established for it. The teaching
faculty member should demonstrate an
ability to supervise students and teach
independent thinking, to provide adequate
coverage of the subject matter, and to teach
other lawyering skills and methods that
may be related to students becoming
effective and thoughtful advocates or
counselors.
14.3.2.4.2 Teaching Faculty: Legal Writing
Demonstrated excellence in teaching,
including effective and conscientious
instruction in the legal writing program.
The teaching faculty member should
demonstrate an ability to teach
analytical skills, legal research and
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writing, oral advocacy, and to teach
other lawyering skills and methods that
may be related to students becoming
effective and thoughtful advocates or
counselors.
14.3.2.4.3 The Specialized Committee will
evaluate the teaching effectiveness of
teaching faculty by: (1) reviewing
official student evaluations (Student
Perception of Courses and Instructors
(SPCI)) in all courses taught at the
College of Law; (2) reviewing the
syllabi from all courses taught at the
College of Law; (3) undertaking
classroom visits by members of the
Specialized Committee; and (4)
reviewing comments from other faculty
colleagues who have visited a class
session of the teaching faculty member.
14.3.2.5 Other Contribution
A demonstrated and significant contribution to the
academic or professional legal community in one or more
of the following ways or through comparable activities:
14.3.2.5.1. Substantial participation in College of
law activities which significantly enhance the
mission of the College beyond the teaching
function, such as sponsorship or advising of a
student extracurricular education activity, team, or
publication; fund-raising, grant-writing or other
extraordinary administrative activity; or
public/alumni relations activity;
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14.3.2.5.2. Service to the legal profession or
broader educational community that enhances the
presence and reputation of the College of Law,
through leadership or other substantial activities in
professional or educational organizations;
14.3.2.5.3. Conduct of significant law reform
activity through legislation, rule-making or impact
litigation; development of continuing legal
education programs, web sites or other electronic
media; substantial enrichment of the College
community or student body through provision of
extraordinary service or the creation of innovative
law school programs; or other creative innovations
which augment the educational or service functions
of the College;
14.3.2.5.4. Publication of a significant writing, or
combination of other writings, in scholarly journals
or in other professional publications, including
practice-oriented publications and publications
about clinical teaching.
14.3.3. Notice to Candidates. The candidate shall be informed in writing
of the Specialized Committee's decision to recommend or not to
recommend tenure or promotion.
14.3.4. The Dean shall make an independent objective evaluation of a
candidate's qualifications for promotion, taking into account, among other
things, the Specialized Committee's recommendation.
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Section 15 Responsibility to Meet Classes
Faculty members are responsible for meeting all their scheduled classes. If a
faculty member must miss a class, the faculty member must make up the class by the
week before the last week of classes for the semester. As soon as the faculty member
becomes aware of the need to miss a class, the faculty member should notify the
Associate Dean for Academic Affairs, indicating the class that will be missed including
the date of the class, and the faculty members plan for making up the class.
Section 16 Substantive Change Policy
Faculty and staff members are expected to be familiar with and follow the Florida
State University Substantive Change Policy as found on the university web site
http://provost.fsu.edu/sacs.