Article 15 – Tenure

Tenure means the appointment of an employee to a permanent position on the academic staff of the University. Such appointment shall continue subject only to the provisions of Article 15.15.

Tenure is intended to guarantee academic freedom for the employee as described in Article 6. Tenure is not intended to protect the employee from the withholding of promotion in accordance with Article 16 or from reprimand, dismissal, or severance in accordance with Articles 29 and 31.

Tenure is granted only by the Board acting in accordance with the provisions of this Agreement. The decision of the Board is final and there shall be no appeal within the University against the Board's decision other than resort to the Grievance Procedure as provided for in Article 15.17, Article 15.18, and Article 27 of the Agreement.

Tenure shall be awarded only to employees holding appointments in the ranks of Professor, Associate Professor, Assistant Professor, Assistant Librarian, Associate Librarian and Librarian. All tenured positions are held within departments or non-departmentalized Colleges, depending on the appointment held at the time of the award of tenure. Tenurable rank may be held in more than one department or College, but tenure shall be awarded only in one. If an employee's salary is equally divided between two or more departments or Colleges, the employee shall have the right to elect the one within which to be a candidate for tenure. Tenure shall not apply to offices such as Assistant Dean, Director or Department Head. However, an employee with tenure shall not relinquish faculty tenure upon receiving such an appointment.

Tenure may be considered in any year of the probationary period in accordance with Articles 13.3.2.1, 13.3.2.2, 13.3.2.3, or 13.3.2.4. If the candidate is denied tenure, the candidate's appointment shall terminate at the end of the academic year.

When a tenured employee seeks or voluntarily accepts a position in another department or College, the employee may be required to serve a probationary period for the rank of the new appointment, but shall retain tenure in the old department or College until tenure is granted in the new department or College.

15.7.1

A tenured employee who is appointed to a position excluded from the bargaining unit but who retains a tenurable academic rank shall on the termination or relinquishment of the out-of-scope appointment automatically revert to membership in the bargaining unit at the academic rank and seniority held and accumulated at the time of returning to the bargaining unit.

15.7.2

A candidate for appointment to a position excluded from the bargaining unit and who is also a candidate for tenure on appointment shall have tenure determined by the Department Renewals and Tenure Committee, or in the case of a non-departmentalized College by the College Renewals and Tenure Committee. The structure and procedure of the Department Renewals and Tenure Committee or the College Renewals and Tenure Committee and the basis for determining tenure on appointment for a candidate for a position excluded from the bargaining unit shall be the same as for the determination of tenure on appointment for a candidate within the bargaining unit (Article 13.3.5). Such determination shall be based on a review of academic considerations only. On the termination or relinquishment of the appointment, the appointee, if tenured, shall automatically revert to membership in the bargaining unit at the rank and seniority held and accumulated at the time of returning to the bargaining unit.

15.8.1 Department Renewals and Tenure Committee.

Each department shall have a renewals and tenure committee made up of all the tenured members of the department with the Department Head as chair, except that the Department Renewals and Tenure Committee shall not include the Dean of the College, the Dean of Graduate and Postdoctoral Studies the Vice-President Academic and Provost, the President, or any person designated as chair of the University Review Committee. Where there are fewer than five tenured members of the department, the College Review Committee shall co-opt tenured faculty members from cognate departments to bring the membership of the Committee up to a minimum of five. A Department Head who is not tenured shall still chair the Department Renewals and Tenure Committee, except that when the Department Head's own case is considered the head shall be excluded from the proceedings of the Committee, in which case the Dean shall appoint the chair.

15.8.2 College Renewals and Tenure Committee

Each non-departmentalized College shall have a renewals and tenure committee consisting of all tenured members of the College with the Dean of the College as chair, except that the College Renewals and Tenure Committee shall not include the Dean of Graduate and Postdoctoral Studies, the Vice-President Academic and Provost, the President or any person designated as chair of the University Review Committee. Where there are fewer than five eligible members, excluding any on leave, the University Review Committee shall co-opt tenured faculty members from related Colleges to bring the membership of the Committee up to a minimum of five.

15.8.3 College Review Committee

Each departmentalized College shall have a review committee to consider all matters related to tenure and other matters specifically assigned to this committee in the Agreement. In establishing criteria and standards, the College Review Committee may consult with sub-committees representing cognate departments. The College Review Committee shall be made up of no fewer than six tenured members of the College plus the Dean who shall be chair. Employees shall be nominated by the Nominations Committee of their College and approved by the College with the length of their term specified so as to ensure a reasonable turnover of membership. Employees shall not serve on a College Review Committee if they have agreed to serve on the University Review Committee in that academic year.

The College Nominations Committee shall strive to achieve representation from a wide range of disciplinary areas while also respecting the commitment to diversity (Article 7).

15.8.4 University Review Committee

The University shall have a review committee to consider tenure and other matters specifically assigned to this committee in the Agreement. The University Review Committee shall be made up of nine tenured or continuing employees plus the Vice-President Academic and Provost who shall be chair. The nine employees shall be nominated to this committee by the Nominations Committee of Council and approved by Council with the length of their term specified so as to ensure a reasonable turnover of membership. Employees shall not be nominated for membership if they have served on the University Review Committee in the previous three years or if they have agreed to serve on a College review committee in that academic year. In addition to those members mentioned above, two nominees of the Association shall serve as observers on the University Review Committee with voice, but without vote.

The Nominations Committee of Council shall strive to achieve representation from a wide range of disciplinary areas while also respecting the commitment of diversity (Article 7).

15.8.5 Renewals and Tenure Appeal Committee

15.8.5.1

The University shall establish an appeal committee to hear and determine the appeals of employees whose candidacy for tenure is not approved by the University Review Committee.

15.8.5.2

The committee shall consist of twelve tenured or continuing status faculty members: nine employees and three senior administrators, selected from amongst Associate Deans, Vice-Deans, Deans, Executive Directors, and/or vice-Provosts. Members will be selected by the Nominations Committee of Council and will serve a three year term. The Nominations Committee of Council shall strive to achieve representation from a wide range of disciplinary areas while also respecting the commitment to diversity (Article 7). Each year three new employees and one new senior administrator will be appointed to serve on the committee. Each year the chair of the committee shall be selected by mutual agreement between the Association and the Employer from amongst the committee members. Members may not serve as members of the University Review Committee during their term. A vacancy created by the resignation of a member will be filled by the Nominations Committee of Council for the remaining period of the term of that member.

15.8.5.3 Observers

One observer named by the Association and one named by the Employer shall be entitled to be present at all meetings held by the Renewals and Tenure Appeal Committee, with voice but without vote, provided that neither observer was a member of any committee which previously considered the case before the Renewals and Tenure Appeal Committee.

15.8.6 Advocate

Advocate. An Indigenous candidate, or a candidate who engages in Indigenous research, scholarly, or artistic work; teaching; and/or practice of professional skills may choose an advocate who is knowledgeable of the candidate’s expertise in and contributions to these fields. The candidate will name the advocate and up to two alternates along with other information provided in support of the candidate’s own case (Article 15.11.10(iii)).

The role of the advocate is to advise, by meeting or providing a written or recorded submission, the Department Renewals and Tenure Committee (Article 15.8.1), the College Renewals and Tenure Committee (Article 15.8.2), the College Review Committee (Article 15.8.3), the University Review Committee (Article 15.8.4) and/or the Renewals and Tenure Appeal Committee (Article 15.8.5) prior to the consideration of the candidate’s case.

15.9.1 Department Renewals and Tenure Committee

In keeping with Article 15.10 the Department Renewals and Tenure Committee shall:

1. propose the criteria and standards of performance to be used in assessing employees for renewal of probation and tenure and submit these to the College Review Committee for approval;
2. submit to the College Review Committee the department's recommendations for renewal of probation and the award of tenure.

15.9.2 College Renewals and Tenure Committee

In a non-departmentalized College, the powers of the College Renewals and Tenure Committee shall be the same as those of the Department Renewals and Tenure Committee described in Article 15.9.1. The College Renewals and Tenure Committee shall report directly to the University Review Committee.

15.9.3 College Review Committee

In keeping with Article 15.10 in a departmentalized College, the powers of the College Review Committee with respect to renewal of probation and tenure shall be:

1. to co-opt tenured employees to renewals and tenure committees where the membership is fewer than five;
2. from time to time to require that departments review and revise standards of performance;
3. to receive and review departmental criteria and standards of performance for renewal of probation and tenure and use them as the basis for formulating College criteria and standards. The College Review Committee shall establish criteria and standards after receiving and reviewing standards from all departments. If a department does not develop standards within a reasonable time after being requested to do so by the College Review Committee, the College Review Committee may use the standards developed by the other departments in the college as the basis for formulating College criteria and standards;
4. to submit the College's criteria and standards of performance for renewal of probation and tenure to the University Review Committee for approval;
5. to approve departmental criteria and standards of performance for renewal of probation and tenure if they are consistent with the criteria and standards of the College and the University. In the absence of approved Department standards the College standards shall apply;
6. to review departmental recommendations for renewal of probation and tenure and approve them if they are not inconsistent with the criteria and standards of performance established by the Department and College;
7. to review departmental recommendations against renewal of probation and award of tenure, receiving and considering a written appeal and hearing an oral presentation from the employee concerned, if that employee wishes to present such evidence in accordance with Article 14.5.5 or Article 15.11.6;
8. to submit the College’s positive recommendations for renewal of probation to the President for transmission to the Board; its negative recommendations for renewal of probation to the University Review Committee; all its recommendations concerning the award of tenure to the University Review Committee.

15.9.4 University Review Committee

The powers of the University Review Committee with respect to renewal of probation and tenure shall be:

1. from time to time require that departments and colleges review and revise standards of performance;
2. to receive, review and approve College criteria and standards of performance for renewal of probation and tenure and use them as the basis for formulating University criteria and standards. The University Review Committee shall establish criteria and standards after receiving and reviewing standards from all Colleges. If a College does not develop standards within a reasonable time after being requested to do so by the University Review Committee, the University Review Committee may use the standards developed by the other Colleges in the University as the basis for formulating University criteria and standards. In the absence of approved College standards the University standards shall apply;
3. to establish the University's criteria and standards of performance for renewal of probation and tenure;
4. to communicate the University's criteria and standards for renewal of probation and tenure to the College Review Committees;
5. to review College recommendations for the renewal of probation from College renewal and tenure committees and all College recommendations for the award of tenure and approve them if they are not inconsistent with the standards of the Department, College, and University;
6. to review College recommendations against renewal of probation and award of tenure, receiving and considering a written appeal and hearing an oral presentation from the employee concerned if that employee wishes to present such evidence in accordance with Article 14.5.5 or Article 15.11.6;
7. if the appeal is unsuccessful, may recommend an extension of probation up to a maximum of two years notwithstanding the provisions of Article 13.3.2.1, 13.3.2.2, and 13.3.2.4. However, an employee may receive only one such extension. If the Renewals and Tenure Appeal Committee or the University Review Committee has previously extended an employee’s probation, then an additional extension of probation is not permitted.
8. to submit to the President for transmission to the Board its recommendations for renewal of probation and the award of tenure.

15.9.5 Renewals and Tenure Appeal Committee.

For the powers and procedures of the Renewals and Tenure Appeal Committee see Article 15.12.

It is accepted that the criteria for the award of tenure may differ from department to department and from College to College as a result of conditions that are internal and external to the University. In all cases, the University standards are the minimum acceptable standards of performance and must be considered under various categories, and within these categories different standards may be set by departments and Colleges in keeping with their own particular circumstances. Approved Department standards take precedence over College standards, and approved College standards take precedence over University Standards. Standards of performance shall be established in the following categories:

1. academic credentials (degrees, diplomas, professional qualifications, etc.);
2. teaching ability and performance where teaching is part of assigned duties;
3. knowledge of the discipline and field of specialization;
4. research, scholarly and/or artistic work;
5. practice of professional skills, including clinical practice where service to clinical programs is a part of assigned duties;
6. contributions to the administrative or outreach responsibilities of the department, College, or University, or both;
7. public service and contributions to academic and professional bodies.

Where applicable, units shall include Indigenous research, scholarly, or artistic work; teaching; or practice or professional skills in the categories listed above.

15.10.1 Communication of Standards

The approved criteria and standards of performance for tenure shall be communicated, in writing, to all probationary appointees at the time of their appointment.

15.10.2 Demonstration of Satisfactory Performance

A positive case shall be made that the candidate has performed the candidate's duties satisfactorily, according to approved criteria and standards, before tenure is granted. A failure to demonstrate unsatisfactory performance shall not be sufficient grounds for granting tenure.

15.11.1 Changes in Standards

Changes in criteria and standards of performance shall not be applied retroactively unless the candidate declares in writing to the Chair of the Renewals and Tenure Committee by August 1 (15.11.10(iii)) that the candidate elects to be assessed under criteria and standards of performance approved subsequent to the date of the candidate’s appointment.

15.11.2 Advising Probationary Candidates

By May 31, the Department Head or Dean shall meet with each employee holding a probationary appointment in the department or non-departmentalized College, to discuss the employee's progress in meeting the approved departmental or College standards for the award of tenure. A written statement setting out the Department Head's or Dean's assessment, on a form uniquely used for this purpose, shall be transmitted to the employee. This form shall be approved by the Joint Committee for the Management of the Agreement. If deficiencies are noted, the statement shall identify the relevant categories of the standards and shall suggest steps that the employee may take to rectify such perceived deficiencies. The employee shall be entitled to provide a written response to any statement made on the Progress Towards Tenure form within one week of the meeting with Department Head or Dean. Given the formative nature of the process, the Progress Towards Tenure form and any written response from the employee shall not be used as evidence in meetings of the first level committee, either at the Department Renewals and Tenure Committee or the College Renewals and Tenure Committee. The Progress Towards Tenure form and any written response from the employee shall be admissible as evidence in reviews of negative decisions or appeals to the Renewals and Tenure Appeal Committee but shall not limit in any way the decisions of the review committees or renewals and tenure committees. Where an employee has a joint appointment or associate membership, the Department Head or Dean in the primary unit shall consult with the Department Head or Dean in the secondary unit and shall convey information received in that consultation the employee and in the written statement.

15.11.3 Voting Procedures

The following voting procedures shall be used by department, College and University committees that consider tenure cases (except for Renewals and Tenure Appeal Committees, as specified in 15.12):

1. each member of a committee, including the chair, shall have one vote. Members may vote on a particular candidate only if they have taken part in the committee's deliberations on that candidate;
2. a quorum shall be two-thirds of the members of a committee taken to the nearest integer. Employees on leave or excluded because of conflict of interest shall not be counted in order to determine the size of committee if a meeting has a quorum. However, an employee on leave who is a member of a committee may, if present, participate and vote in the meetings of the committee.
3. the decision on tenure shall be by simple majority of the vote of those voting. The vote of any member abstaining shall not be counted in support of either the affirmative or negative view. A tie vote means the motion is lost. The vote shall be taken in response to the question: "Shall tenure be recommended?";
4. any member of a committee who is of the immediate family of a candidate for tenure shall be disqualified from attending the deliberations of the committee concerning the case and from voting on the question;
5. each committee shall have the right to rule a member ineligible to vote or to require a member to withdraw from the deliberations of the committee if it considers a serious conflict of interest to exist;
6. a member of a College Renewals and Tenure or College Review Committee or a member or observer of the University Review Committee (including the chair) shall withdraw from the meeting when these Committees receive or review the recommendations of a Department Renewals and Tenure Committee, a College Renewals and Tenure Committee, or a College Review Committee which includes the member or observer. A quorum shall be present for each case considered.

15.11.4 Candidate to be Informed

A candidate shall be sent written notice of the disposition of a tenure decision, by the chair of the committee, within one week of the decision being made. If the decision is to deny tenure to the candidate, the advice shall include information on the candidate's right to withdraw in accordance with Article 15.11.5 and on the right of appeal and the procedure to be followed by the candidate in initiating an appeal.

In addition, the candidate shall receive from the chair of that committee a written statement of reasons for the negative recommendation, including those of any subordinate committee or committees which the senior committee judges to be valid and relevant. The statement of reasons shall, by direct reference to those portions of the department's, College's, and/or University statements of standards, specify the standards which the candidate has failed to satisfy. The statement shall also include a summary of the substantive information considered in the candidate’s case.

15.11.5 Withdrawal

A candidate may withdraw from consideration for tenure at any point in the process up to one week following receipt of notification of the decision of the College Renewals and Tenure Committee or the College Review Committee. A candidate being considered in the final year of probation may not withdraw.

15.11.6 Review and Appeal in the Case of Denial of Tenure.

1. A candidate who is not recommended for tenure by a Department Renewals and Tenure Committee may make a written appeal which shall be considered by the College Review Committee; the candidate is entitled to appear before that body and to be accompanied by a colleague from the same College.
2. A candidate who is not recommended for tenure by a College Renewals and Tenure Committee may make a written appeal which shall be considered by the University Review Committee; the candidate is entitled to appear before that body and to be accompanied by a colleague from the same College.
3. A candidate who is not recommended for tenure by a College Review Committee which has received a positive recommendation from a Department Renewals and Tenure Committee may make a written appeal which shall be considered by the University Review Committee; the candidate is entitled to appear before that body and to be accompanied by a colleague from the same College.
4. A candidate who is not recommended for tenure by the University Review Committee may appeal to a Renewals and Tenure Appeal Committee (See Article 15.12).
5. There is no further appeal beyond the Renewals and Tenure Appeal Committee except for that permitted under the Grievance Procedure, Article 15.17.

15.11.7 Notice of Withdrawal or Appeal

An employee entitled to withdraw in accordance with Article 15.11.5 or appeal in accordance with the provisions of Article 15.11.6 is required to advise the chair of the appropriate committee of the intent to withdraw or appeal. This notification shall be made within one week of the employee being advised of an appealable negative decision, or within two weeks of the closing date for the committee's consideration of the appeal (Article 15.11.10), whichever date occurs sooner. In the case of an appeal to the College Review Committee, the substance of the appeal shall be filed with the chair of the committee no later than one week before the closing date for committee consideration of the appeal. In the case of an appeal to the University Review Committee, the substance of the appeal shall be filed with the chair of the committee no later than three weeks before the closing date for committee consideration of the appeal. In the case of an appeal to the Renewals and Tenure Appeal Committee, the substance of the appeal shall be filed with the chair of the committee no later than two weeks before the closing date for committee consideration of the appeal.

15.11.8 Information and Committee Procedures

1. A confidential file shall be kept of all information received and considered by each tenure committee and a record shall be maintained of all decisions reached by each committee.
2. It is the responsibility of the committee chair to gather information and documentation which the committee shall use when considering candidates for tenure. This information and documentation should include, inter alia, data about the candidate's qualifications, scholarship and teaching, testimonials, proof of degrees, publications, class materials, and reports by peers who have seen the candidate teach. Student submissions are admissible if they are written expressions, prepared by individual students and signed, that give justification for their view. No anonymous material shall be introduced or considered except for student course evaluations which may be considered but only in accordance with Article 12.1.1. A candidate is entitled to request and receive from the chair of a committee a list of the items included in the documentation submitted to the committee for consideration of the candidate's case. If a candidate considers it necessary for a committee to have material additional to that mentioned above, which the chair collects, it is the responsibility of the candidate to obtain it and submit it to the chair. Where an employee has a joint appointment or associate membership, the Department Head or Dean in the primary unit shall consult with the Department Head or Dean in the secondary unit and gather information in writing in respect of the same matters.
3. A candidate for tenure is entitled to make a written submission only, to that committee which first considers the candidate's case. In addition, a candidate not recommended for tenure is entitled to make a written appeal to, as well as to appear before, the review committee which received the negative recommendation in accordance with the provisions of Article 15.11.6.
4. Any committee, at its discretion, may call witnesses, including members of subordinate committees on tenure who wish to be heard.
5. If errors of omission or of procedure are found in the proceedings of a Department or College Renewals and Tenure Committee or a College Review Committee, that committee shall be advised so that it may have an opportunity to respond. If further information is received by a College Review Committee or the University Review Committee, that information shall be referred to the candidate (subject to limitations in respect of confidentiality as defined in Article 12) and, at the Committee's discretion, to the Department or College Renewals and Tenure Committee, for comment. Any such comments shall be supplied to the candidate provided that the confidentiality of the information commented upon is preserved.
6. The chair of a Department or College Renewals and Tenure Committee shall transmit to the College or University Review Committee the department's or College's recommendations for the award of tenure. This shall be done in writing and the numerical vote for each recommendation shall be recorded. A brief statement of the reasons for recommending or not recommending tenure and the summary of information on which these are based shall also be given. If asked to appear, the chair of a subordinate committee may choose to be accompanied by a colleague from the same College. The chair of a Department or College Renewals and Tenure Committee shall make available to any member of the Committee, on request, the recommendations the chair intends to send to the College or University Review Committee.
7. In cases where recommendations are not unanimous at the department or College level, the College Review Committee or the University Review Committee shall ascertain minority views.
8. Each committee shall determine its own operating procedures, provided they are consistent with the terms of this Agreement, and each candidate shall be informed by the chair of the appropriate committee, in writing, of any operating procedures not specified in this Agreement, before the candidate's case is considered. Where a committee is to consider more than one case in a given year, these procedures shall be applied uniformly.

15.11.9 Reconsideration of Tenure.

Neither a College Review Committee nor the University Review Committee shall ask any committee that has already made a tenure recommendation to reconsider that recommendation. However, any committee may reconsider its own decision until the date for transmitting its recommendations to a subsequent committee or to the President for transmission to the Board (see Article 15.11.10).

15.11.10 Dates.

The following dates shall govern tenure procedures:

1. by May 31 of each year, the Department Head (or Dean of a non-departmentalized College) shall meet with each candidate as described in Article 15.11.2.
2. by June 30, the Department Head (or Dean of a non-departmentalized College) shall have advised the candidate to provide such information as the candidate wishes to introduce in support of the candidate's own case;
3. by August 1, the candidate shall have provided to the Department Head (or Dean of a non-departmentalized College) such information as the candidate wishes to introduce in support of the candidacy for tenure at the meeting of the tenure committee first considering it;
4. by October 7, the Department Head (or Dean of a non-departmentalized College) shall have convened a meeting of the Renewals and Tenure Committee, considered all cases for tenure, and transmitted its recommendations in writing to the College (or University) committee;
5. by November 21, the Dean of a departmentalized College shall have convened a meeting of the College Review Committee, and the Committee shall have considered all cases for tenure, and transmitted its recommendations in writing to the University Review Committee;
6. by January 31, the President shall have convened the University Review Committee, and the Committee shall have considered all cases for tenure, and transmitted its positive recommendations in writing to the President for transmission to the Board;
7. by February 28, the President shall advise all candidates for tenure of the decision of the Board, except those whose cases are pending before Renewals and Tenure Appeal Committees;
8. by March 31, Renewals and Tenure Appeal Committees shall have determined all cases before them and shall have made their recommendations to the President for transmission to the Board.
9. by April 30, the President shall advise all candidates who appealed to the Renewals and Tenure Appeal Committee of the decision of the Board. If the decision is negative, the candidate shall receive from the chair of the Board a written statement of reasons for the negative decision (see Article 15.11.4).

No decision on tenure shall be set aside or reversed only because of technical non-compliance with the dates and times established by this section.

15.11.11

In the event the Board receives a positive recommendation from the University Review Committee or the Renewals and Tenure Appeal Committee that requires clarification before the award of tenure, the Board will meet with the Appellant accompanied by a representative from the Association and will afford the Appellant an opportunity to present their case.

The Renewals and Tenure Appeal Committee shall meet at the call of the chair and shall conduct its business with dispatch. The Renewals and Tenure Appeal Committee shall have the authority to recommend or deny renewal or tenure or recommend an extension of probation up to a maximum of two years. If the Renewals and Tenure Appeal Committee or the University Review Committee has previously extended an employee’s probation, then an additional extension of probation is not permitted. By March 31, meetings and deliberations shall be concluded, decisions rendered and recommendations made to the President for transmission to the Board.

In hearing and determining appeals, the Renewals and Tenure Appeal Committee:

1. shall obtain from the Chair of the University Review Committee, upon reasonable notice, a written statement of the reasons why the Appellant is not recommended for tenure and shall ensure that a copy of this document is received by the Appellant. This statement shall incorporate reasons given by subordinate committees where they have recommended against tenure;
2. shall obtain from the Appellant, upon reasonable notice, a written statement of the reasons why the Appellant should be granted tenure including the grounds on which the Appellant challenges the judgment of the University Review Committee, and shall provide a copy of this document to the Chair of the University Review Committee;
3. shall be empowered to meet to conduct any and all business within its terms of reference, provided that a minimum of eight members, always including the Chair, are present;
4. shall request and shall be given copies of all documents laid before the Renewals and Tenure and Review Committees which considered the Appellant's candidacy for tenure;
5. shall supply to the Appellant copies of the documents described in (iv) above, excepting those transmitted in confidence, in which case the Appellant shall be given a list of such confidential documents by date, by level received (department, College, university), and by general subject matter. The Appellant's counsel shall be given access to all documents provided that the counsel agrees to respect the confidentiality of any documents so designated (as defined in Article 12);
6. shall advise the Appellant and the President, in writing, of the time and place of its first meeting at least seven days prior to such meeting;
7. shall establish its own rules of evidence;
8. shall decide whether an issue is properly before it;
9. shall have the right to conduct interviews with persons knowledgeable of the case and who can assist the Committee in reaching an objective decision on the matter;
10. shall grant the Appellant the right, either personally or by a colleague acting as counsel, to present the case to the Committee. In this regard, the Appellant shall be given the right to have persons invited to appear before the Committee to present evidence. When appearing before the Committee, the Appellant may at all times have the assistance of a counsel, provided that such counsel is a person in the full-time employ of the University;
11. shall grant to the Appellant's counsel the right to be present at all meetings called for the purpose of hearing evidence, and shall permit such counsel to direct questions through the chair to any person providing information to the Committee at such meetings;
12. shall hold its meetings in camera unless the Committee rules otherwise upon representation by the Appellant or the President;
13. shall make audio recordings of its proceedings, such recordings to be kept for Committee purposes only;
14. shall establish such other rules and procedures the Committee deems necessary to ensure a fair hearing of the case;
15. shall be empowered to extend or waive any time requirements established herein;
16. shall determine the appeal by simple majority vote. If the appeal is unsuccessful, the committee may recommend an extension of probation up to a maximum of two years notwithstanding the provisions of Article 13.3.2.1, 13.3.2.2, and 13.3.2.4. However, an employee may receive only one such extension. If the Renewals and Tenure Appeal Committee or the University Review Committee has previously extended an employee’s probation, then an additional extension of probation is not permitted.

All employees who hold tenure as of the date that this Agreement takes effect shall hold tenure under this Agreement.

These tenure regulations and procedures are applicable to all departments and Colleges.

All rights and privileges associated with the holding of tenure are terminated only: 

1. at retirement;
2. at resignation from a tenured position (subject to Article 13.7.2);
3. at the conclusion of procedures, as specified in Articles 28 and 29, resulting in the separation of a faculty member from a tenured position.

Any dispute arising from the interpretation of the above regulations and procedures on tenure in an individual case shall be resolved by agreement between the Employer and the Association.

A grievance may be made in the case of the denial of tenure on only four grounds:

1. that proper procedures have not been followed; or
2. that the Academic Freedom Article (Article 6) has been violated; or
3. that the Non-Discrimination Article (Article 7) has been violated; or
4. that the Board has reversed a positive recommendation from the University Review Committee or a Renewals and Tenure Appeal Committee.

The arbitrator shall have the power to prescribe such remedies as the arbitrator sees fit, subject to the following limitations:

1. in the event that the arbitrator determines that proper procedures have not been followed, the arbitrator may order that the matter of tenure be reconsidered but shall not award tenure on this ground;
2. in the event that the arbitrator determines that Article 6 (Academic Freedom) or Article 7 (Non-Discrimination) has been violated, the arbitrator shall so declare and so report, and may order that the matter of tenure be reconsidered but shall not award tenure on these grounds;
3. in the event that the Board has reversed a positive recommendation from the University Review Committee or a Renewals and Tenure Appeal Committee, the arbitrator may order the award of tenure;
4. the arbitrator shall be empowered to extend a candidate's probationary period by a reasonable length of time to permit reconsideration of the candidacy for tenure, if so ordered under the provisions of this section.