In view of the possibility expressed by the Chancellor that the discontinuance of academic programs because of the budget crisis may result in the dismissal of tenured faculty members, there has been considerable discussion of where tenure is located, i.e., in the institution or in the particular department, college, or program. I have consulted the faculty handbooks and below is a summary of what they contain on this issue:

The first faculty handbook was compiled by the Board of Trustees on February 24, 1958. It was titled Faculty Handbook of Personnel Policies of the Teaching, Research, and Library Staff and Faculty at Knoxville. There is nothing in this document on the location of tenure. It simply says that terminations for cause of a tenure appointment should be considered by a committee composed of representatives of the faculty and administration, with the right of all parties to have a reexamination of the case by the governing board of the institution. The same statements appear in a 1965 and a 1970 revision of this document.

The 1973 version of what is now called the Handbook of the Faculty of the University of Tennessee, Knoxville, says nothing about the location of tenure. It does say that tenure may be terminated only in the case of adequate cause, "extraordinary circumstances," meaning financial exigency or major program discontinuance, or retirement. In the case of "extraordinary circumstances," the handbook states that every effort will be made to reassign the individual whose services might be terminated. It also provides that the place of any faculty member so released will not be filled by a replacement for a period of two years.

A major revision occurred in the handbook approved by the Board of Trustees on October 20, 1978. For the first time, the statement was made that "tenure is held at the University of Tennessee, Knoxville, within a department, school, college, or other academic program." It also stated that reorganizations that result in the merger of splitting of academic units would not affect the tenure status of a faculty member. It also provided that transfers of tenure between academic units on the same campus might take place with administrative approval and consultation with the tenured faculty of the receiving unit. This handbook also provided that if it became necessary to abolish a tenured faculty position because of the discontinuance of an academic program or function, or because of financial exigency, every effort would be made to place such displaced tenured faculty in another suitable position for which he or she was qualified, nor would the place of any tenured faculty member so released be filled by replacement within three years. On the other hand, no new position was to be created for the displaced faculty member.

The 1987 revision of the Faculty Handbook contains the same language as the 1978 version, and the newest edition of the handbook, 1996, repeats the language of the 1978 and 1987 handbooks.

The last three revisions all provide that before tenured faculty are terminated for "extraordinary circumstances," there should be "sustained deliberation and discussion" of the financial exigency or program discontinuance, involving appropriate committees of the Faculty Senate, the college, and the department, and in the light of the "full educational mission" of the University. All three also provide for the right of appeal through administrative channels to the Chancellor and the President.

Copies of these handbooks are available for consultation in the Office of the University Historian or in the Archives. Both offices are located in the basement of Hoskins Library.

Milton M. Klein
University Historian

3/10/97