DEFINITIONS

ABOR-PM shall mean the Arizona Board of Regents Policy Manual.

Academic professionals shall mean appointed, non-faculty employees who are involved with research or teaching programs, who require professional and intellectual freedom, and who report to a person below the level of vice president, including librarians, cooperative extensionists, and researchers.

Administrative personnel and administrator shall mean employees of The University of Arizona whose Notice of Appointment incorporates the ABOR Conditions of Administrative Service (ABOR-PM 6-101, et seq.) as the conditions of their employment. (See Chapter 5 in this manual for further information.)

Committee on Academic Freedom and Tenure or CAFT shall mean that committee established pursuant to the Constitution and By-Laws of the General Faculty of The University of Arizona.

Continuing-eligible shall mean full-time probationary and state-funded appointments and, as used herein shall refer to those same persons described as probationary in ABOR-PM 6-301.

Continuing status shall mean that a member of the professional staff is employed under a continuing appointment with the expectation that the president will renew the appointment for successive appointment periods, except when renewal is precluded by reason of retirement, resignation, release for budgetary reasons or reorganization, or dismissal for just cause.

Day shall mean calendar day, except that where the last day of any time period set forth in this document falls on a Saturday, a Sunday or a University-recognized holiday, then the time period shall run until 5:00 p.m. of the next day which is not a Saturday, a Sunday or a University-recognized holiday.

Discriminatory action shall mean, as described in ABOR 6-201(C)(5), an employment action that constitutes discrimination on the basis of gender, race, color, national origin, religion, age, veteran status, sexual orientation or qualified handicapped status, or any other discrimination prohibited by State or Federal law. It covers those groups one normally thinks of as protected-status groups for purposes of the anti-discrimination laws.

Faculty shall mean those members of The University of Arizona faculty who are appointed to positions that are responsible for and whose performance evaluations are primarily based on the teaching, research and public service goals and objectives of the institution; and who have professor, associate professor, assistant professor, instructor or lecturer in their title. Faculty members may be tenured, tenure-eligible or nontenure-eligible. Any person appointed to a faculty position designated as "visiting," "adjunct," "research," "clinical," or such other title(s) as may be designated, shall not be tenured or tenure eligible and shall have no expectation of continued employment beyond the end of the current appointment period. (See Chapter 3 in this manual for further information.)

Fixed-Term Appointment means an appointment to a faculty position as a lecturer or senior lecturer for a period of time greater than one academic or fiscal year but not more than three fiscal years.

Full-time shall mean, for the limited purpose of tenure eligibility requirements, 51% or more full time equivalent employment with the University, regardless of funding.

Just cause shall include, but not be limited to: demonstrated incompetence or dishonesty in professional activities related to teaching, research and publication or other creative endeavors, or service to the University community; unsatisfactory performance over a specified period of time and a failure to improve that performance to a satisfactory level after being provided a reasonable opportunity to do so by the University; substantial neglect of properly assigned duties; personal conduct that substantially impairs the individual's fulfillment of properly assigned duties and responsibilities; moral turpitude; misrepresentation in securing an appointment, promotion, or tenure at the University; or proven violation of ABOR or University rules and regulations. Substantial incapacity (physical or mental) to perform properly assigned duties may also be considered as just cause with due consideration given to the nature and duration of the incapacity. See ABOR-PM 6-201 with regard to faculty and ABOR-PM 6-301 with regard to professionals.

Lecturer or Senior Lecturer means a nontenured, nontenure-eligible faculty member whose primary responsibility is teaching undergraduate courses or clinical courses. The number of lecturers and senior lecturers may not exceed four percent (4%) of the number of tenure-track faculty, both tenured and tenure-eligible, at The University of Arizona and Arizona State University, or 45 at Northern Arizona University. Certain members of this category may receive successive, renewable fixed-term appointments for periods not to exceed three years, with the exception of those individuals who have previously attained tenure prior to the 1991-92 appointment. In addition, "Lecturer" shall refer to certain faculty members initially appointed as tenure-eligible instructors or assistant professors who subsequently received tenure as Lecturers.

Nontenure-eligible faculty shall mean those members of the faculty who are not eligible for tenure, i.e., those having designations such as "adjunct," "visiting," "clinical" or "research" as part of their titles; lecturers, initially appointed as such; instructors who are candidates for a degree; and nontenured individuals who hold part-time faculty appointments. All nontenure-eligible faculty members shall have the words "nontenure-eligible" on their Notice of Appointment.

Notice of Appointment shall mean the document by which an appointment is initially made and which is signed by the President of the University. After the original hire, a Notice of Appointment form will be issued only in the following circumstances: change or addition of title; change in department, college or division; change in employee conditions of service (administrative, faculty, or professional); awarding of tenure or continuing status; promotion; rehire. A Personnel Action/Notice of Reappointment Form, will be issued in the event of the following personnel actions: annual reappointment; salary adjustment; change in status (e.g., leave without pay, sabbatical leave, percent of time).

Part-time shall mean, for the limited purpose of tenure eligibility requirements, less than 51% full time equivalent employment with the University.

Personnel matters shall mean the appointment, renewal, nonrenewal, tenure, promotion, resignation, suspension, dismissal, and release of appointed personnel.

President shall mean the President of The University of Arizona or the President's designated representative.

Professional and intellectual freedom shall mean the right and responsibility to exercise judgment within the standards of the employee's profession. Professional and intellectual freedom is defined as "academic freedom" for those employees involved in teaching or research.

Professional employee(s) shall mean those employees designated by the Notice of Appointment/Reappointment as "professional" including: (a) Academic Professionals - non-classified employees involved with research or teaching programs who require professional and intellectual freedom and who report to a person below the level of vice president, including librarians, cooperative extensionists, and researchers; (b) Service Professionals - non-classified employees with a direct role in service who require professional and intellectual freedom and who report to a person below the level of vice president, including those in student services, technical services, student health services, and public service. Professionals may be on continuing status or year-to-year. (See Chapter 4 in this manual for further information.)

Promotion and tenure criteria shall mean those written standards established by each department pursuant to UHAP Section 3.11.02.

Reasons for dismissal shall include, but are not limited to, incompetence or dishonesty in professional or administrative activities, neglect of properly assigned duties and responsibilities, or personal conduct that impairs the individual's fulfillment of properly assigned duties and responsibilities including acts involving moral turpitude and conduct which substantially interferes with the orderly functioning of the University. Incapacity (physical or mental) to perform properly assigned duties shall also be considered a reason with due consideration given to the nature and duration of the incapacity.

Service professionals shall mean appointed, non-faculty employees with a direct role in service who require professional and intellectual freedom and who report to a person below the level of vice president, including those in student services, technical services, student health services, and public service.

Tenure-eligible faculty members shall mean those members of the faculty who hold full-time as yet untenured appointments as professors, associate professors, assistant professors, and instructors, and whose title does not include such designations as "visiting," "adjunct," "research" or "clinical." However, instructors who are candidates for degrees will be appointed as nontenure-eligible instructors. The ranks of assistant professor and instructor are not tenurable ranks. Persons whose initial appointments are as lecturers are not eligible for tenure as lecturers. All tenure-eligible faculty members shall have the words "tenure-eligible" on their Notice of Appointment.

Unconstitutional action may concern a grievance alleging a violation of constitutional due process or a denial of the First Amendment or equal protection. Determination of above is a legal question which should be referred to a University Attorney.

University shall mean The University of Arizona.

Unlawful discriminatory action or unlawful discrimination shall mean those actions prohibited by state or federal laws or regulations including those relating to gender, race, color, national origin, religion, age, veteran status, sexual orientation or handicapped status.