Notice, May 1996
Council Approves Major Revision
Of In-Residence Regulations
The Academic Senate has completed work on a proposal that, if
enacted, would extensively revise the regulations governing the
employment of In-Residence faculty at the University of California.
The Academic Council, which approved the proposal in April, has
forwarded it to President Atkinson, who is now expected to send
it out for administrative review. The proposal's recommendations
are so wide-ranging that enactment of them would require modification
of the Senate's Bylaws, the administration's Academic Personnel
Manual and the UC Regents' Standing Orders.
Completion of work on the proposal comes just as faculty across
the UC system are beginning to vote on a "memorial,"
or sense-of-the-Senate resolution on In-Residence faculty. Ballots
for the memorial went out in April; the deadline for campuses
to report results of the voting is May 17th.
The Senate's proposal on In-Residence faculty deals with the issue
raised by the memorial - termination procedures for In-Residence
faculty - but goes on to address a host of issues outside the
scope of the memorial, such as the nature of In-Residence (IR)
appointments and financial support for faculty whose positions
are eliminated. The proposal was crafted by a nine-person task
force appointed by the Senate's University Committee on Academic
Personnel (UCAP), chaired by Afaf Meleis of UC San Francisco.
In-Residence faculty are Academic Senate members whose salaries
generally come from grants or clinical income. Some 1,200 are
employed at UC, the vast majority of them in UC's medical schools.
Given the source of their salaries, IR faculty may not be granted
tenure at UC, a condition of employment that no one has suggested
changing. The issue of termination procedures for IR faculty arose
last year, in one sense as the result of a proposal for elimination
of a single IR faculty position. The issue was also fueled, however,
by the momentous changes taking place in the U.S. health care
industry - changes that may bring about a significant downsizing
of UC's medical centers. In addition, most Senate members felt
that changes in IR termination regulations were desirable simply
as a matter of providing as much procedural fairness as possible
to all Senate members.
Building on the work of an earlier UCAP report, the UCAP task
force believed that it was not only IR termination procedures
that needed to be revamped, but IR employment regulations in general.
Accordingly, the task force proposed a broad-based set of changes.
The task force has therefore called for:
- Uniform IR faculty appointment policies across the campuses
with "indefinite" appointments made in every case for
faculty at the full and associate level. Currently, UC's campuses
vary in the kinds of IR appointments they make. Some offer nothing
but fixed-period IR appointments; one offers nothing but indefinite
appointments (which carry no ending date), and still others offer
a mixture of the two. The UCAP task force recommends doing away
with fixed-period appointments altogether.
- A "full search" to be conducted for all IR appointments.
On some campuses, department chairs now may offer new IR appointments
after seeking only the approval of the campus Academic Personnel
Committee. The UCAP proposal is aimed at ensuring that academic
departments, deans and campus Senate committees join department
chairs in reviewing any proposal for a new IR position.
- Associate and full professors whose positions are terminated
to be granted 90 days termination notice for each year of employment,
during which time they would continue to receive their "covered
compensation" salary. Such salary would be provided for a
maximum of up to a year, beyond which individual continuation
arrangements could be made. These provisions could be modified
in instances of a campus "fiscal emergency," in which
case less support could be provided.
- An "adequate reserve covered compensation account"
to be established to the extent possible for every new IR appointment
made. Such reserve accounts would help provide terminated faculty
with salary for the period of continued support noted above. In
addition, a requirement to set aside such funding, the task force
felt, would result in greater departmental deliberation in connection
with any decision to create an IR position.
- A multi-step review process to be carried out in connection
with the termination of any associate or full IR appointment.
This process would begin with a departmental chair's notification
of an IR faculty member of an intent to terminate and would continue
through the chair's consultation with departmental faculty and
dean, after which a recommendation would go to the chancellor.
Should the chancellor agree with the decision to terminate, the
IR faculty member would have the right to request a Senate hearing
on the action. Such hearings would be conducted by a new Senate
body the task force called for: the Early Termination Committee,
which would be a subcommittee of the Privilege and Tenure Committee
and advisory to the Chancellor. The ETC would hold an evidentiary
hearing on the proposed termination to make sure it was being
carried out for proper reasons. Its decision could not be appealed.