This is a synopsis of the analysis by Jordan E. Kurland, Associate General Secretary of AAUP, of the tenure policies adopted by the Board of Trustees of the University of Tennessee on June 18, 1998.
OVERVIEW: "Aside from the provisions to be discussed, I should say at the outset, the policies generally adhere quite closely to AAUP's recommended standards."
THE COMPETENCE STANDARD: The document does place the burden of proof for demonstrating incompetence with the administration. Recommendations: (a) change the language from "failure to demonstrate professional competence" to "demonstration of professional incompetence," to underscore the burden of proof; and (b) in that paragraph and in the Category A heading change "or service" to "and service" (Kurland: "Surely a professor who is a brilliant teacher and researcher yet who is inept in fulfilling a service assignment ... should not be dismissed for cause").
REINSTATEMENT: It is typically assumed in tenure documents that a reinstated faculty member will be "made whole."
EVALUATION CATEGORIES: There is nothing "objective" about ranking faculty members as outstanding, satisfactory, or unsatisfactory. Also, denying rewards to those in the third category may not be a good way to motivate.
DISMISSAL: Standards for dismissal in the UT policy (adequate cause/unsatisfactory performance) are more lax than AAUP requires; commitment to tenure is "deep," removal of tenure is "by no means routine."
COMPLIANCE WITH DIRECTIVES: The standard defining adequate cause as "failure to comply with a lawful directive" should be changed as follows: "failure to comply with legitimate directives."
MISCONDUCT: The fifth standard for "misconduct" is "simply too loose" and should be deleted.
SUSPENSION: The discussions of suspension (Appendix B, Appendix C) should meet AAUP's standard of "immediate harm" and should provide continuation of income during the adjudication process.
TRUSTEES REVIEW: AAUP recommends that a line be added providing that when the Trustees disagree with a faculty hearing committee's decision, the case be returned to the committee for further consideration.
SEVERANCE PAY: Provision should be made in Appendices B and C for one year of severance pay "in all cases not involving moral turpitude."
EXPEDITED PROCEDURES: The provision for "expedited procedures" prior to a hearing "is inimical to the regular, generally recognized procedure set forth in the policies as the norm, and it is fundamentally unacceptable to AAUP."
Go to UT Tenure Policy page.