Washington, an organized territory since 1853, became a state on November 11, 1889. The Legislature believed that education was vital to the development of a great new state with all the advantages of the older ones. A major goal was the establishment of an institution that should excel in science and mechanic arts but should offer general higher education on equal terms to all the people of Washington. Federal legislation, in three main enactments, offered substantial assistance.
Extensive land grants were given the younger states through the provisions of the Morrill Act of July 2, 1862. Senator Justin S. Morrill of Vermont, observing what the existing colleges had done for men in the "Learned Professions of Law, the Ministry, and Medicine," had firm faith in the possibilities of "education for leadership" of the "industrial classes." The basic educational philosophy of the Morrill Act extended far beyond the scope of agriculture. The law specifically appropriated certain granted lands "to the endowment, support, and maintenance of at least one college in each state where the leading object shall be, without excluding other classical and scientific studies, and including military science and tactics, to teach such branches of learning as are related to agriculture and the mechanic arts, in such manner as the legislatures of the states may respectively prescribe, in order to promote the liberal and practical education of the industrial classes in the several pursuits and professions of life." Under this policy, 90,000 acres were granted the state of Washington. The income from these properties still contributes to the support of Washington State University.
Supplementing this, provision was made (Hatch Act, March 2, 1887) in connection with the so-called "land-grant" colleges for establishing agricultural experiment stations designed "to promote scientific investigation and experiment respecting the principles and applications of agricultural science."
Further land grants were provided to endow, in each of the younger states, a "school of applied science" or "school of mines." The land grant to the state of Washington for this purpose was 100,000 acres, from which Washington State University receives current income.
These three institutions (agriculture and mechanic arts, agricultural experiment stations, and school of applied science) were united, and on March 28, 1890, the Legislature authorized establishment of the institution now officially designated Washington State University. After a period of turbulent political competition among different sections of the state, the town of Pullman in Whitman County was selected as the site for the new school.
The income from the lands set aside by the federal government was to be used to construct classrooms and laboratories, to provide scientific equipment, and to employ qualified instructors. The attainment of these objectives was slow. Washington State University had its start in the humblest of settings. On January 13, 1892, the first classes on the campus were held in a one-story brick building; a faculty of five members served the original student body of sixty.
The changes in the presidency of Washington State University through the years have been few. The first President was George Lilley, 1891-1892; his successor, John W. Heston, served from December, 1892, until September, 1893. Dr. Enoch A. Bryan next took over the position, which he held until his retirement in 1916. Thereafter, for twenty-nine years, until 1945, Washington State University continued its growth under the administration of Dr. E. 0. Holland. Dr. Wilson Compton served in a period of great expansion and development, from 1945 until his resignation in September, 1951. Dr. W. A. Pearl served as Acting President from this time until April, 1952, when Dr. C. Clement French assumed office. Dr. French served until November, 1966. Dr. Wallis Beasley served as Acting President from November, 1966, until the assumption of the presidency by Dr. Glenn Terrell in July of 1967. The current President, Dr. Samuel H. Smith, was appointed in July, 1985.
The character and functions of the University are determined by the broad terms of the original chartering laws and by later state enactments in harmony with the basic federal statutes and the later Smith-Lever Act (1914). (See Revised Code of Washington for specific statutes relating to Washington State University.) This heritage of state and federal law directs the activities of this land-grant institution into three paths:
Instruction in both liberal and practical arts to develop responsible citizens and to provide them with the professional and technical skills needed by society. This purpose obligates Washington State University to furnish such programs and facilities that students may develop:
Intellectual curiosity and integrity.
The ability to think logically and conclusively.
The ability to express themselves adequately, both orally and in writing.
An understanding of the processes by which new facts are developed and the ability to learn new facts by observation and deduction from things already known.
An understanding and appreciation of the responsibilities and privileges of citizenship.
An understanding and appreciation of their personal, social, and vocational relationship to the society in which they live.
Aptitude in and understanding of the skills and concepts which make for competence in their chosen professional and technical fields.
Research in both fundamental and applied knowledge, a program repeatedly expanded by statute until the University is now specifically responsible under law for investigation and experimentation in virtually every area of thought and activity, including pure and applied science, agriculture, industrial technology, the social sciences, and the arts. Broadly stated, the aims of research are to add to knowledge and to apply new facts to the betterment and the enrichment of life.
Extension, to make readily available to all citizens the results of research and the rich cultural heritage embodied in the arts and sciences.
This three-fold pattern of responsibility, set for all land-grant institutions by their basic charter in the Morrill Act, broadened nationally through more than twelve decades and in our own state through more than a century, and ripened through experience and vision into a kind of higher education unique in the history of the world, expresses the purpose of Washington State University to strive to be a worthy member of the nationwide land-grant system and a vital part of the economy and culture of Washington. Teaching people, seeking better understanding of life's problems, and carrying guidance and help to citizens in all parts of the state make up the triple enterprise to which the staff of Washington State University is dedicated.
The Board of Regents has adopted the following policies:
Certain responsibilities must be observed to create an atmosphere where free inquiry is allowed and legitimate grievances are addressed. Each faculty member has an obligation to respect the rights and opinions of other faculty members. Accordingly, the faculty members of Washington State University insist that the free expression of views and opinions, whether by individuals or by groups, be such that the rights of others are not violated. In 1968, on the recommendation of the President, the Board of Regents of Washington State University approved a policy statement on "Freedom of Expression and Accompanying Responsibilities" applicable to all members of the faculty. The University will protect the rights of its members to dissent, or protest, provided these expressions do not interfere materially and substantially with the rights of others nor disrupt the processes of the University. To protect these rights and privileges, policies have been established in the hope they will provide the faculty member with a useful gauge to the boundary between expression of one's opinion and abridgement of the rights of other persons.
It is the policy of Washington State University to support each individual's right to express views and opinions, to associate freely with others, and to assemble peacefully.
These rights exist in equal measure for each member of the faculty regardless of professional stature or degree of acceptability of views or opinions advocated.
Conduct for which faculty members are subject to University discipline falls into the following categories:
2. Failure to uphold academic standards.
3. Misconduct in research, defined as:
a. Fabrication or falsification of data, plagiarism, or other serious deviations from accepted practice in proposing, implementing, or reporting on research.
b. Failure to comply with federal, state, or University requirements
for protecting researchers, human subjects, and the public during research and 2) for insuring the welfare of laboratory animals.
c. Use of research funds, facilities, or staff for unauthorized and/or illegal activities.
Hereafter "misconduct" means misconduct in research and scholarship as defined above. Misconduct does not include honest error or honest differences in interpretations or judgments of data. This policy pertains to original research and scholarship only and is not intended to replace other policies dealing with academic conduct, such as integrity in class or course work.
The Dean of a college or the Vice Provost for Research and Dean of the Graduate School (hereafter referred to as the Vice Provost for Research) may receive allegations of misconduct in research and scholarship (typically in writing). However, the President of the University, through the Provost and Academic Vice President (hereafter referred to as Provost) and Vice Provost for Research, is ultimately responsible for all research programs and activities conducted at the University. Therefore, the Provost through the Vice Provost for Research shall be informed by the Deans of all allegations of misconduct in research and scholarship. Furthermore, the Vice Provost for Research shall consult with the University's Office of the Attorney General on all inquiries and investigations, and this Vice Provost is responsible for directing inquiries into and investigations of misconduct in research and scholarship, and in meeting all reporting requirements established by federal and non-federal agencies.
The procedures of this policy are not exclusive of other mechanisms for the review of misconduct. In the case of review of allegations of misuse of funds, the University's Internal Auditor, and in some cases outside auditors, shall investigate and report to the proper administrators. In the case of illegal activities, the President retains the power to direct investigations, take interim measures, and request reports on alleged violations. Where an investigation of misconduct under this Policy may be duplicative, and where issues of the proper conduct of scientific research are lacking, the Vice Provost for Research may decide not to conduct an investigation under this policy.
An inquiry will be made immediately into allegations or evidence of possible misconduct. "Inquiry" means information gathering and initial fact-finding to determine whether an allegation or apparent instance of misconduct warrants investigation.
b. The privacy of those who have reported apparent misconduct will be protected to the fullest extent possible.
c. The affected individuals will receive confidential treatment to the fullest extent possible; they are also entitled to a prompt and thorough inquiry, and they will have an opportunity to comment on allegations and the findings of the inquiry.
d. If it is determined that an investigation is not warranted, records will be maintained in sufficient detail to permit subsequent assessment of that determination. Such records will be kept in a secure manner for a period of at least three years after the termination of the inquiry, and shall, upon request and where relevant, be provided to authorized personnel.
e. A decision on whether to proceed to a formal investigation shall be made by the Vice Provost for Research and the Provost. If an investigation is deemed unwarranted, the Vice Provost for Research will take steps to protect the party or parties who made the allegation, and the individual(s) charged with misconduct. Also, the Vice Provost for Research and the Provost, will take steps to repair any damage done to the reputation of individuals falsely accused.
f. In case of apparent false and malicious accusations, an inquiry will be initiated (as noted under 1.a.) of the accuser(s).
If warranted, an investigation will begin following the inquiry as described above. "Investigation" means the formal examination and evaluation of all relevant information to determine if misconduct has occurred.
a. Investigations will begin, within 30 days of the completion of the inquiry, by a committee appointed by the Vice Provost for Research, and composed of at least three faculty members familiar with the research or scholarship included in the alleged misconduct; and, including at least one faculty member from a relevant area of research or scholarship, and whose academic appointment is outside of the college of the accused individual(s).
b. The investigation will include examination of all pertinent documentation, publications and correspondence, and any memoranda related to telephone calls. Whenever possible, interviews will be conducted with all individuals involved in making the allegation, or against whom the allegation is made, or other individuals who might have information pertinent to the allegations. Summaries of the interviews will be prepared, provided to the interviewed parties for comment or revision, and included as part of the investigation file.
c. Precautions will be taken to prevent real or apparent conflicts of interest on the part of those involved in the investigation.
d. Diligent efforts will be made, as appropriate, to restore the reputations of persons alleged to have engaged in misconduct when allegations are not confirmed, and also to undertake efforts to protect the positions and reputations of those persons who have made allegations in good faith.
e. Documentation will be prepared and maintained to substantiate the investigation's findings.
f. An investigation of misconduct will be completed within 120 days of its initiation. This includes conducting the investigation, preparing a report of the findings, and making the report available for comment to the subjects of the investigation.
g. When allegations of misconduct have been substantiated, appropriate sanctions will be applied as prescribed by the Faculty Manual, Student Code of Conduct, the State of Washington Higher Education Personnel Board rules and regulations, and the present document.
When allegations of misconduct in research and scholarship involve the use of federal funds, the following additional steps will be followed:
h. The Vice Provost for Research will notify the relevant federal agency prior to an investigation and within 30 days following the completion of an inquiry. If there is indication of criminal violations the Vice Provost for Research will notify the relevant federal agency within 24 hours of obtaining appropriate evidence.
i. When appropriate, documentation of the investigation's findings will be made available to a relevant federal agency.
j. The University will be responsible for notifying relevant federal agencies if any of the following exist during an inquiry or investigation: an immediate health hazard; an immediate need to protect extramurally obtained funds or equipment; an immediate need to protect any parties involved; or, if the incident is going to be reported publicly, in the case of possible criminal violation.
k. Interim administrative actions will be taken, as appropriate, to protect federal funds and insure that the purposes of federal financial assistance are carried out.
l. The University will keep the relevant federal agency apprised of any developments during the course of the investigation which may affect current or potential funding for the individual under investigation or are necessary for the federal agency to protect the public interest.
m. The report of the investigation, completed within 120 days, will be submitted to the relevant federal agency along with the final outcome of the investigation.
n. While the University is primarily responsible during the period of inquiry and investigation, a relevant public agency may perform its own investigation at any time prior to, during, or following the university's investigation and may impose sanctions determined by its own investigation.
4. Forgery, alteration, or misuse of University documents or identification.
5. Falsification of information submitted to any University official or agency, or the offering of an intentionally false statement in any University disciplinary proceeding.
6. Theft of, or intentionally damaging or defacing University property or property belonging to any member of the University community or campus visitor.
7. Illegal use, possession, or purveying of narcotic or dangerous drugs on University property. University policy is consistent with state and federal laws which regulate the possession, use, sale, and distribution of drugs.*
8. Illegal possession, use, or sale of intoxicating beverages on University property.*
(*WSU's policies and programs for drug and alcohol abuse and a drug-free workplace are available at Central Stores, #51197.)
9. Discrimination against any person based on race, sex, religion, age, color, creed, national or ethnic origin, physical, mental or sensory disability, marital status, sexual orientation, or status as a Vietnam-era or disabled veteran which deprives that person of civil rights, employment opportunities, or housing, or which, in any way, impedes, hinders, delays, or restricts the individual's membership or subsequent full participation in any activities of the recognized organizations of the University.
10. Possession by a faculty member, on his or her person or otherwise, of a firearm, explosive, or other dangerous weapon within any office, laboratory or classroom building, lecture hall, residence hall, or sports arena on University property, and any immediately contiguous grounds, walkways and malls, except as follows:
a. Those faculty members who also are authorized law enforcement officers shall be permitted to carry arms while on duty and engaged in regular activities of law enforcement.
b. Faculty members with firearms in their possession shall be permitted to travel en route to or from the University-provided storage facilities. Such facilities shall be available 24 hours per day for short- or long-term firearm storage.
c. Activities requiring use of the prohibited items by faculty members may be conducted upon approval by the Board of Regents.
d. Nothing in this article is intended to restrict the lawful possession by faculty members of firearms in privately owned vehicles on the University campus, within University-owned housing other than residence halls, or on other University property not specifically indicated above.
11. Unlawful acts which directly affect University programs, community members, or property insofar as they materially and substantially interfere with the missions, functions, processes, and goals of the University community.
12. Illegal entry, attempted entry, or entry in violation of Washington State University rules of University-controlled property, or University-related property, such as fraternities, sororities, or co-op houses.
13. Intentional disruption of the educational processes and functions of the University, including classroom and laboratory activities, offices, services, meetings, or ceremonies.
14. Intentional and unauthorized obstruction or restriction of free movement of persons or vehicles on the campus or other University property. Peaceful picketing is permitted, but such activity must be confined to the outside of University buildings and must not interfere with or restrict the free flow of traffic to and from any University building. Picketing of the Wilson Compton Union must be confined to the lobbies or to the outside of the building.
15. Detention or physical abuse of any person or conduct which threatens imminent bodily harm or endangers the health or safety of any person on any property owned or controlled by the University, or in connection with approved University functions.
16. Any sexual advances by males or females which indicate or imply that compliance is a condition for hiring, job retention, job promotion, grades, pay increases, or letters of recommendation.
Faculty members should be aware of conduct regulations for campus guests and visitors:
The rules and regulations of the University will be observed by guests and visitors while on the campus or other University property. Those who willfully refuse to obey an order of a uniformed campus security officer or other law enforcement officer to desist from conduct prohibited by the University rules and regulations may be ejected from the premises. Refusal to obey such an order will subject the person to arrest under the provisions of the criminal trespass statutes, in addition to such other sanctions as may be applicable.
Faculty who violate the Faculty Code of Professional Ethics will be subject to University discipline. In applying disciplinary procedures, it is essential that the principles of due process be observed. Sanctions that may be imposed include warning, censure, suspension, dismissal, and in emergency situations, summary suspension (page 58).
Faculty Responsibility Related to Academic Integrity
All members of the university community share responsibility for maintaining and promoting the principles of academic integrity. To guide execution of this reponsibility, the univeristy has set a policy defining academic dishonesty and the process to be followed when it is alleged, for undergraduate and graduate students alike. The cognizant instructor, chair or dean may seek the advice of the University Ombudsman or the Office of Student Affairs at any stage of the process described below.
Academic integrity violations include cheating, falsification, fabrication, multiple submission, plagiarism, abuse of academic materials and complicity or misconduct in research. Definitions are found in the Student Handbook and in WAC 504-25-310. When there is an allegation or evidence of an academic integrity violation, the cognizant faculty member must conduct a prompt and careful investigation. Physical evidence should be retained and interviews with persons who may have knowledge of the events conducted. Students are required by the Code of Student Conduct to cooperate with such investigations and are prohibited from assisting in academic dishonesty (WAC 540-25-015, 504-25-120, 504-25-135). The accused must be afforded the opportunity to present evidence, preferably in writing, and the responsible faculty member may require other students to answer questions material to the investigation. The responsible instructor then determines, by the preponderance of the evidence, whether or not a violation has occurred. The instructor then assigns an appropriate academic consequence and notifies the student. The instructor must notify the Office of Student Affairs by memo of any finding that a violation has occurred, including the nature of the violation, student's name and ID number and the action taken. If there is an appeal to the department chair, the dean or Provost, the burden shifts to the student to prove by a preponderence of the evidence that the offense did not occur or that the academic sanctions were too severe. If the appeal is successful, a report must be filed with the Office of Student Affairs.
If the violation is a first offense, the Office of Student Affairs will take no further action unless requested to do so by the instructor, chair or dean. In that case, the student judicial process described in the Student Handbook is followed. Knowingly false statements by the accused or by any witness constitutes additional violations of the Conduct Code.
The type of organization that will facilitate instructional, research, and service programs of Washington State University is one providing for wide participation by members of the faculty in determining administrative and educational policies. Organization and administration are recognized as means to an end, not as ends in themselves. Their primary purpose is to enable each individual to work productively, under congenial conditions, with as good facilities as the University is able to provide, toward the educational objectives of the institution.
Consultation among administrative officers is a regular practice. The various units of the University provide the means of coordinating related teaching, research, and service. The principal administrative officers, such as the academic deans and directors; the Provost's Council; the Faculty Senate; the Faculty Status Committee; and appropriate other committees advise and recommend on various matters. The organization of the principal administrative units is shown in the chart published in this Manual. This chart represents the normal channels for consideration of University business, including problems of individual departments or of persons. However, any employee has the ultimate right to submit any matter to the President and through the President to the Board of Regents.
Policies, procedures, and regulations relating solely to individual units may be adopted if not inconsistent with institutional policies established by the Board of Regents or by state law. They will not become effective if disapproved by the principal administrative officer. The decision of such officer may be appealed to the appropriate Vice President or to the President and, thereafter, to the Board of Regents.
The laws establishing Washington State University created an autonomous Board of Regents. As defined by the Session Laws of 1891, the Board of Regents was to consist of five members appointed by the Governor, with approval of the Senate, each for a six-year term. The Session Laws of 1949, amending the original act, provided for seven instead of five members. The Session Laws of 1985 increased the number of Regents to nine. The Governor serves as an advisory member ex officio without vote or the right to hold office on the Board. An appointment to fill a vacancy on the Board of Regents caused by death, resignation, or other causes is made for the unexpired term.
The schedule of meetings of the Board of Regents is set from July through the following June. This schedule is published in the Washington State Register. Special meetings may be called from time to time during the year as determined by the Board.
The duties and powers of the Board include general management of the University with all its constituent parts, the care and preservation of all property, the construction of needed buildings, and the custody and expenditure of all moneys. The Board may contract both for services and for materials. The Board has the power to delegate authority. In large measure, this delegation is to the President of Washington State University.
The approach to the Board of Regents is through the President of the University, who is secretary ex officio of the Board. Any University committee or individual shall be accorded the opportunity to present a direct appeal to the Board of Regents through this channel.
In addition to being designated by law as secretary ex officio of the Board of Regents, the President as general agent of the Board is the chief executive officer of Washington State University. The President administers the policies approved by the Board of Regents, serves as adviser to the Board on policies and operations, and is the agent through whom representations to the Board are regularly made. Other functions of the chief executive officer include:
2. Public representation of the University, including representation before the Legislature and other state agencies.
3. Responsibility for the general welfare of students; the development, operation, and maintenance of buildings, lands, and equipment; financial matters pertaining to development, operation, and maintenance of the University; and the administration of regulations adopted by the Board of Regents.
4. Responsibility, delegated by the Board of Regents, for all appointments, promotions, salaries, leaves, resignations, and dismissals.
5. Presiding at meetings of the general faculty.
The Provost and Academic Vice President is directly responsible to the President and serves in the chief executive officer's stead as requested. Specific responsibilities include general administration of teaching departments, research units and extension services, general administration of the faculty personnel program, and general administration of the operating budget. There are five Vice Provosts who report directly to the Provost and Academic Vice President. The Vice Provosts have administrative responsibility in research, instruction, extended University services, student affairs, and administration. In addition to the academic colleges, administrative and academic offices reporting to the Office of the Provost and Academic Vice President include Admissions, Aerospace Studies, Affirmative Action, Associated Students of Washington State University Activities, Career Services, Conferences and Institutes, Counseling Services, Extended Academic Programs, Faculty/Administra- tive/Professional Personnel, Food Service, Grant and Research Development, Honors, Institutional Research, Interinstitutional Research Centers, International Education, International Program Development, Military Science, Minority Affairs, Ombudsman, Registrar, Residence Life and Housing, Student Advising and Learning Center, Scholarships and Financial Aid, Student Health Service, Student Publications, Summer Session, Systems and Computing, University-wide Research Centers, Washington Higher Education Telecommunication System, Washington State University at Spokane, Washington State University at Tri-Cities, Washington State University at Vancouver, and the Wilson Compton Union.
The Vice President---Business and Finance is responsible for all business and finance functions and services, including development and administration of the capital budget. The specific units and functions included are Controller's Office, Facilities Planning, Business Services Department, Human Resource Services, Internal Auditor, Physical Plant, Retirement and Insurance Office, Safety Office and the general financial administration of all student and auxiliary enterprises.
The Vice President for University Affairs is responsible for developing and administering institutional advancement programs involving constituencies important to the University, both within the University community and off-campus, and for encouragement of programs for private financial support of the University. Offices reporting directly to the Vice President for University Affairs include: Alumni Relations, Development and WSU Foundation, Intercollegiate Athletics, News and Information Services, Performing Arts Coliseum, Radio-Television and Instructional Television Services, Records and Gift Processing, Publications and Printing and WSU Press, and Campus and Community Relations.
The State Attorney General, through appointed Assistant Attorneys General, serves as legal counsel to Washington State University to provide legal advice and representation in legal matters.
Principal administrative officers are the Deans of academic units, campus Deans, the Dean of the Graduate School, the Director of Libraries, the Registrar, the Director of Admissions, the Director of Information Technology, and others who may be appointed from time to time by the President.
Appointments to principal administrative positions are approved by the President on recommendation of the cognizant Vice President. When a vacancy in this group occurs, the President will ordinarily appoint a special committee, which shall include appropriate faculty, to seek out and recommend the best available candidates. Specific instructions may be given to such committee regarding special areas or special types of candidates to consider. The committee should also consider professional and academic qualifications recommended by the faculty in the administrative unit. The committee's recommendations are advisory to the Vice President and the President and are not binding.
Administrative officers, as such, have no tenure in their positions. The service of members of this group is subject to review by the President at any time and to periodic formal review as outlined below. However, Washington State University desires continuity of competent service on the part of its principal administrative officers.
Members of the faculty in administrative positions are expected to follow policies, procedures, and regulations pertinent to their administrative duties. They are expected to exercise sound judgment, to be willing to accept responsibility, to cooperate with other administrative units, to follow a broad concept of institutional interests and needs, and to provide leadership. They have general authority and responsibility for the administration of their respective areas. It is expected that goals and missions for programs will be developed in cooperation with units in the area and with appropriate University officers.
It is the policy of the University that a periodic review of the performance of each Academic Dean and of the Director of Libraries be carried out at five-year intervals of service. This performance review follows procedures which use, as a principal point of reference, the position description and the mission statements of the University and the major unit.
This review is conducted by an ad hoc committee, including faculty, department chairs, students, experienced administrators of other units or from other institutions, and, where appropriate in terms of the duties of the dean, persons from outside the University representing constituencies to whom the officer has important responsibilities.
Specific guidelines for the review procedure are available from the Office of the President. The recommendations of the committee are transmitted as a confidential report to the President.
The Dean of the Graduate School is responsible for the administration of the graduate programs in all areas of the University. Specific responsibilities include general administration of the Graduate Faculty, research units other than those organized within a college, and intramural grants-in-aid funds and federal and other extramural research grants and contracts.
The Director of Libraries is responsible for the general supervision of all libraries within the Washington State University system.
The Registrar is responsible for student registration and records, is Coordinator of Veterans Affairs, and serves as secretary to the University Faculty, the Catalog Subcommittee and the Academic Affairs Committee of the Faculty Senate. The Registrar serves as editor of the Washington State University Bulletin and cooperates with the Director of Summer Session in the publication of the Summer Session Bulletin. Additional responsibilities include the Annual Time Schedule, the assignment of open classrooms, and the final exam schedule.
The Director of Admissions is responsible for undergraduate student admission and evaluation, including new freshmen, advanced standing students, international students, and former students returning. This officer also has responsibility for public relations with high schools, colleges, and prospective students.
The Director of University Development is responsible for all private fund raising activities or programs of the University. The Director provides liaison between the University and the Washington State University Foundation and all other foundations and groups created to support Washington State University.
The Director of Information Technology is responsible for the planning and coordination of all computing services on campus.
Subject to the approval of the dean of the college, a department chair is responsible for organizing and supervising the courses of instruction offered by the department, for distribution of the teaching and research load, for care of equipment assigned to or in the custody of the department, and for supervision of department funds.
The department chair makes recommendations to the dean for appointments, promotions, and salaries of members of the department, and transacts official department business with deans, other administrators, and students.
A department chair is expected to provide leadership in the formation of departmental policies and to hold meetings with all available members of the faculty on matters of policy. Except as limited by applicable general regulations and policies or as otherwise directed by the dean or by the Provost and Academic Vice President, it is the department chair's responsibility to execute the policies determined by this procedure. When this is not done, he or she should notify the administrative superior and the members of the faculty of the action being taken and the reasons therefor. However, department chairs must have sufficient latitude to permit the making and the execution of day-to-day operating decisions and the exercise of leadership responsibilities.
Service as a department chair is limited to professors and associate professors in departments in which three or more persons have such rank. If there are fewer than three, assistant professors are also eligible. Eligibility is not dependent upon nor restricted by academic seniority nor is it limited to members of the present staff. Persons eligible to express their preferences for department chair are department faculty members of all ranks on permanent appointment with the University, including those on leave who have been members of the department faculty for more than one semester. Faculty on courtesy appointments, faculty who have resigned, been terminated, or been notified that they will not be reappointed, and faculty who are retiring at the close of the academic or fiscal year shall not be eligible to express their preferences for department chairs.
Department chairs or program directors are appointed by the Provost and Academic Vice President in consultation with the President and reported to the Board of Regents after consideration of preferences expressed as follows:
Each eligible member of a department faculty, including those on leave, shall first be provided a form on which to express a preference for selecting a chair from inside the unit or outside the University.
If on the first form a majority expresses a desire to select a chair from inside the department, and the Dean and Provost and Academic Vice President concur, then a second form shall be provided to each eligible faculty member on which to express a preference from among eligible faculty members of the unit. If no candidate is clearly the department's choice on the second form, then, with the concurrence of the Dean and Provost and Academic Vice President, faculty members shall be asked to express their preference again using the same procedure.
If on the first form a majority expresses a desire to select a chair from outside the department, but the Dean and Provost and Academic Vice President do not concur, then a second preference form will be distributed as in the preceding paragraph.
If on the first form a majority expresses a desire to select a chair from outside the department and the Dean and Provost and Academic Vice President concur, or if a majority expresses a desire to select a chair from inside the department but the Dean and Provost and Academic Vice President do not concur, then a committee of department faculty members will be appointed by the Dean of the unit concerned to prepare a list of candidates for department consideration. The Provost and Academic Vice President in consultation with the President may, after consulting with the Dean and the department, appoint an acting chair while the search for one from off campus goes on in order that the search need not be conducted in haste. Members of the department will then be given the opportunity to express their preferences from among the names submitted by the committee. If no off-campus candidates acceptable to the department can be identified or if no acceptable candidates indicate an interest in the position, faculty members will be asked again to express their preference from among eligible members of the department.
All preference forms shall ordinarily be provided by the Dean of the unit concerned. Each person filling out a preference form shall be allowed at least one week to consider a decision. Forms will be returned directly to the Dean. Within one month after the department has indicated each preference, a summary of the results shall be reported by the Dean to the department faculty, the Provost and Academic Vice President, and the President. Each summary reported to the Provost and Academic Vice President shall be accompanied by the preference forms, which must be retained in the University files for only one year.
In all cases, the President, after consideration of these preferences and consultation with the appropriate administrative officers, will take any one of the following actions: (l) appoint as chair one of the two persons having the highest preference as indicated by the preference forms; (2) appoint an acting chair pending additions to the departmental faculty and further consideration; or (3) appoint as chair a person not recommended, but only after consultation with the department faculty members and with the dean concerned.
Except under special circumstances, department chairs are appointed for terms of four years. Terms commence August 16 for those on academic-year appointments and for those on annual appointments in programs with preponderantly academic-year faculty. Terms commence July 1 for those on annual appointments in programs with preponderantly annual faculty. When a department chair is appointed effective on some other date, the four-year period shall be computed, for subsequent review purposes, from the preceding August 16 or July 1 if the appointment begins prior to January 1 and from the following August 16 or July 1 if it begins on or after January 1.
A department may initiate consideration for a change in its leadership, upon written request direct to the President, of one-fourth of its members (but not fewer than two persons). Upon receipt of such request, the President will arrange for an expression of opinion on such question by all eligible members of the departmental faculty.
Upon request of the President, the Faculty Status Committee will appoint an adviser to the President who is not a member of the Faculty Status Committee. The adviser will participate in the exchange of opinion, oral or written, among all parties involved. Immediately after the collection of information and consultation with appropriate administrative officers, the President will render a decision.
Appointments may be terminated at any time for disability, incompetence, negligence, or equivalent cause if, in the judgment of the President, the best interests of the department or the University require such change.
Unless otherwise prescribed in individual cases, the term of office expires on August 15, or June 30 four years from the beginning of the appointment. The cognizant dean, in consultation with the department, shall request preference recommendations from faculty six to nine months preceding the expiration of the term of office.
The above policies and procedures apply equally to the chair of an academic program, although the chair of a program may be appointed for a two-year term when the program chair is responsible to more than one dean.
A department chair may be paid an additional sum (determined by a formula which considers such variables as student load, faculty numbers, and budget size, including extramural funding) under the assumption that such persons render additional services.
The faculty and staff include all employees, except student employees, of Washington State University who have received official appointments. Affiliated personnel who hold courtesy appointments are considered non-voting members of the faculty.
For the purpose of administration, the
following staffs have been established: (l) Administrative, (2)
Resident Instructional, (3) Research, (4) Library, (5) Extension,
(6) Student Affairs, (7) Administrative and Professional
Personnel, and (8) Classified. Staffs 1-6 are faculty.
Administrative and Professional personnel are non-academic
individuals who are not members of the classified staff. A member
of the faculty who has varied duties may be classified on two or
more staffs. Whenever questions arise about the classification of
an individual, the final decision will be made by the President
in consultation with the administrative officers concerned.
Vice Presidents, Vice Provosts, deans, and directors as designated by the President.
2. Resident Instructional
a. The Provost and Academic Vice President, Vice Provost, Vice Provosts, deans and directors of teaching units, chairs of teaching departments, and all members of the faculty who hold academic rank of instructor or above and who regularly conduct the courses listed in the catalog.
b. The Registrar, secretary ex officio.
3. Research
The Vice Provost for Research, administrative officers and professional personnel of the organized research units who devote themselves to projects for which funds are earmarked, who are paid at least in part by University funds, and/or who are accountable to the University for the results of their research.
4. Library
The Director of Libraries and professional personnel of the Library.
5. Extension
The Vice Provost for Extended University Services, administrative officers and professional personnel whose work pertains primarily to extension services or Continuing Education and Public Service.
6. Student Affairs The Vice Provost for Student Affairs, administrative officers and professional personnel concerned with student affairs.
7. Administrative and Professional Personnel
Confidential secretaries, administrative and personal assistants to the President and Vice Presidents, executive heads of certain major administrative divisions, and approved principal assistants to heads of administrative or academic divisions.
8. Classified Non-academic personnel subject to the provisions of the Higher Education Civil Service Act of 1969, including professional and administrative personnel involved in the business and service functions, clerical personnel, food service personnel, personnel involved in the maintenance, operation, and safeguarding of property, and personnel who render research and technical assistance. (Regulations pertaining to classified staff are available from the Office of Human Resource Services.)
THE FACULTY
The faculty includes all members of the following functional staffs: Administrative, Resident Instructional, Research, Library, Extension, and Student Affairs. Its statutory duty, which may not be delegated, is to recommend to the Board of Regents the candidates for suitable degrees and certificates.
The following Faculty Code of Professional Ethics states the expected standard of performance: Faculty members have obligations that derive from membership in the University community. They respect and defend the free inquiry of associates. In the exchange of criticism and ideas, they show due respect for the opinions of others. They acknowledge the contributions of others and strive to be objective in professional judgment of colleagues. They accept their share of faculty responsibilities for the governance of the University and for its institutional integrity, including observance of the University's published policies and regulations applicable to faculty.
As officers of the University, the faculty members seek above all to increase its effectiveness. Although they observe the stated regulations of the University, they maintain their right to criticize and seek revision within appropriate means. In consultation with department chairs, they determine the amount and character of the work to be done outside the University with due regard to their paramount responsibilities within it. When considering interrupting or terminating their services, they recognize the effects of their decisions upon the programs of the University and give due notice of such intentions.
As members of the community, faculty members have the rights and obligations of all citizens. They measure the urgency of these obligations in the light of responsibilities to students, to the profession, and to the University. When they speak or act as private persons, they make clear that they are not speaking or acting for the University. As citizens who are part of an institution that depends upon freedom for its health and integrity, the faculty members have particular obligations to promote conditions of free inquiry and to further public understanding of academic freedom.
Examples of conduct that may be cause for disciplinary action after academic due process include all conduct seriously prejudicial to the University by reason of deliberate or repeated infraction of law or of commonly accepted standards of morality. Conduct seriously prejudicial to the University also includes incompetence, deliberate and repeated neglect of duty, dishonesty, violation of University policies and regulations concerning freedom and responsibility, and deliberate and repeated acts of discrimination because of race, sex, national origin, religion, language, age, handicap, or physical appearance (see pages 4-10).
The President of the University is the chief executive officer of the faculty. The President, or designated representative, presides at all meetings of the faculty except those called by the Faculty Status Committee, at which the chair of the committee presides. The Registrar is secretary ex officio of the faculty.
The Resident Instructional Staff will engage in the activities of instruction and research in agreement with the following Faculty Code of Professional Ethics: Professors, guided by deep conviction of the worth and dignity of the advancement of knowledge, recognize the special responsibilities placed upon them. Their primary responsibility to their subject is to seek and to state the truth as they see it. To this end, they devote their energies to developing and improving their scholarly competence. They accept the obligation to exercise critical self-discipline and judgment in using, extending, and transmitting knowledge. They practice intellectual honesty. Although they may follow subsidiary interests, these interests must never seriously hamper or compromise their freedom of inquiry. They have a basic responsibility to the University, their departments, and their students to teach their courses and to perform in a conscientious manner all instructional tasks related to their courses including submission of final grades to the Registrar according to authorized and published deadlines.
As teachers, professors encourage the free pursuit of learning in their students. They hold before them the best scholarly standards of their disciplines. They demonstrate respect for the student as an individual and adhere to their proper role as intellectual guides and counselors. They make every reasonable effort to foster honest academic conduct and to assure that their evaluations of students reflect their true merit. They respect the confidential nature of the relationship between professor and student. They avoid exploitation of students for their private advantage and acknowledge significant assistance from them. They protect the students' academic freedom.
By action of the Board of Regents, the Resident Instructional Staff is empowered to hold meetings each year for such purposes as it deems necessary, including the adoption of resolutions concerning academic and related matters; the structure, organization, and operation of the Faculty Senate; and other matters relating to the educational program of Washington State University.
The Faculty Senate Steering Committee will have the power to call a meeting of the Resident Instructional Staff. Any member of the Resident Instructional Staff may petition the Steering Committee of the Faculty Senate to call a meeting and the meeting will be called if a majority of the Senate Steering Committee vote in favor of holding the meeting. Also, a petition signed by a minimum of ten percent of the Resident Instructional Staff members will require that a meeting be called, regardless of the vote of the Senate Steering Committee. The Steering Committee shall designate a member of the Resident Instructional Staff to chair the meeting(s).
The Graduate Faculty has the responsibility of teaching graduate level courses and chairing thesis committees in accordance with the regulations of the Graduate School.
Each department, special program, and college is considered a unit. To facilitate uniformity of operation, the duties of the faculty of each unit are defined as follows:
2. Serve as the legislative body in all matters relating to curricular and educational policies of the unit, so long as such policies do not conflict with policies approved by the Faculty Senate and/or the Board of Regents. Among its responsibilities are the following:
(1) Standards of admission to the unit.
(2) Curricula and courses to be offered and the amount of credit for each course.
(3) Requirements for graduation.
b. Consider the appropriation requests.
c. Consider the candidates for appointment to positions within the unit.
d. Consider the apportionment of work of the unit.
e. Consider the policies of the unit.
Ordinarily, these duties are undertaken by the departments or special programs. If the entire college is concerned, these matters are considered by the members of the college.
The purpose of the Faculty Senate is to provide a representative body of the faculty community to consider and to make recommendations to the President, to appropriate administrative officials of the University, and through the President, to the Board of Regents on matters affecting the general welfare of Washington State University and its educational, research, and service activities.
The Faculty Senate shall serve as the legislative body of the faculty to make recommendations in all matters requiring faculty action or approval of curricular and educational policies of Washington State University, including:
2. Curricula and courses to be offered and the amount of credit for each course.
3. Standards of scholarship.
4. Requirements for graduation.
5. The academic calendar.
The specific duties of the Senate shall also include, but not be limited to, the formulation of recommendations to the President and appropriate administrative officials of the University with regard to the following:
2. Review of the budget of the University to assess its general conformity with policies and priorities established or endorsed by the Senate.
3. Review of the master plan for the physical and educational development of the University.
4. Protection and enhancement of academic freedom of members of the University community.
5. Preservation and extension of academic responsibility of members of the University community.
6. Promotion of the general welfare of the University community.
7. Review of policies concerning the University's relations with its supporting community throughout the state of Washington.
8. Review of policies concerning the University's relations with outside agencies.
9. Review of rules and procedures of the University concerning the conduct of its members.
The Faculty Senate will include a Steering Committee, the duties of which shall include matters relating to agenda, referral, voting, and elections. The Steering Committee shall also act as an emergency advisory council to the President, and it may serve as a Summer Executive Committee to carry out functions delegated to it by the Senate.
The quorum for meetings of the faculty, the Resident Instructional Staff, and the Graduate Faculty shall be all qualified persons in attendance at regularly scheduled and announced meetings. Each of these bodies shall be free to make its own rules of procedure, but, unless rules to the contrary are adopted, motions shall pass by majority vote.
The educational policies of the University should reflect not only the charter functions and duties of the institution and the purposes and objectives of the Morrill Act of 1862 and acts of the State Legislature, but also the constructive aims and ends of higher education in a democratic society. These policies are recommended to the President by the Faculty Senate.
When approved by the President for the Board of Regents, these educational policies and procedures are binding on all units of Washington State University until they are officially revised or terminated. Any unit may at any time, by written request to the President, ask for revision or termination of any policy or regulation, but the original remains in effect until officially changed, unless the President suspends it pending reconsideration. Until such action is taken, it is the obligation of the principal administrative officer concerned to administer the policy or regulation in effect.
The committee system provides one of the useful ways in which the faculty may participate in matters of organization, administration, and coordination of institutional policies and programs. Committees are important to democratic administration, and they contribute to the efficient operation of the University.
The Faculty Status Committee is responsible to the faculty. It has nine members, each serving for three years. Three members retire annually at the beginning of the last week of instruction prior to final examinations in the spring semester and are not eligible to succeed themselves immediately.
Any member of the faculty may bring a problem to the attention of the committee.
Nominations. At a meeting of the faculty, to be held within the last two weeks of February, a nominating committee composed of two members of the Faculty Status Committee and three other members of the faculty designated by the Faculty Status Committee submits to the faculty a list of six nominees for the three vacancies to be filled at the beginning of the last week of instruction prior to final examinations in the spring semester. This committee of five shall request nominations from the faculty through the WSU WEEK and/or other appropriate means at least two weeks prior to the selection of candidates by the nominating committee. If there are vacancies caused by death or resignation during the previous year, the nominating committee will also submit two nominations for each vacancy. Nominations from the floor at a regular faculty meeting may also be made.
If membership on the committee falls below seven during any one year, a special election is held to fill vacancies. Nominations at special elections are made in the same way as above. If vacancies occur during the summer, the Faculty Status Committee may appoint members to serve until October 1 of that year.
Election. The election of Faculty Status Committee members is by mail ballot. This ballot is to be mailed to the faculty prior to March 15. The ballot carries the six names presented by the nominating committee, any additional names nominated in the faculty meeting, and space to write in the names of any other candidates. This ballot is to be marked to indicate the three choices for the three vacancies and returned within three weeks of the mailing date from Pullman. The three nominees receiving the greatest number of votes are elected to the three-year positions. The nominee for each additional vacancy caused by death or resignation during the previous year (see Nominations section above) who receives the greatest number of votes is elected for the remainder of the term of that vacancy and begins serving at the same time as incoming three-year members.
Leave of Absence. If a member of the Faculty Status Committee goes on leave for a period of four months to a year or for any reason is unable to participate in the work of the committee for a similar period of time, the committee is empowered to appoint a replacement for the period of absence. A member who anticipates a longer absence should resign so that the vacancy may be filled at the annual election.
Powers of the Committee. The Faculty Status Committee has power to elect its own officers, fix dates of its meetings, make its own rules of procedure, designate other members of the faculty to assist in its work, and make reports and recommendations to the faculty and to the President. The functions of the Faculty Status Committee shall include the conciliation and adjudication of disputes within the faculty and between members of the faculty and the administration. The committee shall make periodic reports (at least annually) to the Senate and to the faculty concerning its operations.
After giving reasonable notice, it may call special meetings of the faculty or any component thereof. The chair of the committee presides at such meetings.
Assessments. For defraying necessary expenses of the Faculty Status Committee, the faculty may vote such assessments as may be necessary. These are payable to the treasurer of the committee.
Other University Committees
In addition to the Faculty Status Committee, there are numerous other committees on which faculty serve. See the current Washington State University Committee Manual for names, structure, and functions.
Personnel policies and procedures of Washington State University represent the cooperative efforts of the faculty, the administrative officers, and the Board of Regents to develop and maintain a superior faculty.
Washington State University subscribes to the principles and laws of the state of Washington and the federal government pertaining to civil rights and equal opportunity, including applicable Executive Orders. Washington State University policy prohibits discrimination on the basis of race, creed, color, national or ethnic origin, sex, age, sexual orientation, religion, marital status, the presence of any physical, sensory or mental disability, and status as a disabled or Vietnam-era veteran in the recruitment, admission and retention of students; the recruitment, employment, and retention of faculty, administrative professionals, staff, and students; and the operation of all University programs, activities, and services. Evidence of practices which are inconsistent with this policy should be reported to the Director of the Center for Human Rights (1022), French Administration Building, Room 225, 509/335-8288.
Washington State University has endorsed an affirmative action policy for faculty employment.
Washington State University subscribes to the 1940 Statement of Principles on Academic Freedom and Tenure of the American Association of University Professors.
All new faculty positions allocated from appropriated funds are assigned to administrative units by the President or, through delegation, by the Provost and Academic Vice President. Modified positions or positions transferred from one unit to another require special approval.
When a position becomes vacant, it is subject to reconsideration, and the department chair is expected (1) to report the fact promptly to the principal administrative officer concerned, who will ascertain from the Provost and Academic Vice President whether the expected vacancy may be filled, and (2) to initiate a search for the most highly qualified available candidate for the approved position. No commitment is to be made until the proposed appointment has been approved by the Provost and Academic Vice President or the appropriate administrative officer authorized by the Provost and Academic Vice President to act on such recommendations.
The initial responsibility for seeking and recommending candidates for authorized faculty positions lies with department (or other unit) chairs, who should recommend an appointment only after consideration by all available department members and after consultation with the principal administrative officer concerned. Where appropriate, consultation is to be encouraged with representatives of other departments, colleges, or teaching programs to which the work proposed in the particular appointment is substantially related. Procedures are conducted in conformity with affirmative action policies.
No faculty member, department chair, dean, or other administrative officer shall vote, make recommendations, or in any other way participate in the decision of any matter which may directly affect the appointment, tenure, promotion, salary, or other status or interest of such person's parent, child, spouse, sibling, in-law, or close relative. However, it is the policy of the University that there shall be no prejudice against a faculty member or candidate for a faculty position whose spouse or other relative is employed by, or is a candidate for employment with, the University. This policy applies within as well as between departments and colleges of the University.
When an agreement has been reached regarding the applicant best suited for the position, the recommendation for appointment is submitted on the prescribed form and with the required supporting information by the principal administrative officer concerned. All understandings, limitations, promises, and the like pertaining to the proposed employment are to be recorded in writing on the standard form or attached to it. Recommendations for appointment to all positions are made to the President as follows: (1) faculty personnel and graduate assistants by the Provost and Academic Vice President; (2) classified staff by the Vice President--Business and Finance.
If approved by the appropriate officers and the Provost and Academic Vice President, the position is offered in writing to the prospective appointee.
The department (or other unit), with the approval of the principal administrative officer, initiates a recommendation for appointment to its faculty. The Provost and Academic Vice President, by delegation of authority from the President, makes all appointments and submits an annual report to the Board of Regents. The President usually discusses with the Board of Regents the appointment of principal administrative officers prior to the appointment. Every recommendation made through appropriate channels to the President should include, from individuals professionally competent to judge, three recent letters with respect to the professional education, training, experience, and other qualifications of the person recommended.
Adherence to, or membership in, an organization, group, or movement known to be illegal or known to advocate the overthrow of the government by force or violence disqualifies a person from employment, as does a record of advocating violence or encouraging unlawful disruption at other institutions.
Each faculty position has, and should have, unique distinguishing features. In addition to the professional qualifications necessary for specific positions, certain attributes are desirable, in varying degree, in all academic ranks and positions and are always to be considered in making recommendations for appointment to the Resident Instructional Staff. These include:
1. Teaching and research ability.
2. High standards of scholarship.
3. Ability to speak and write clearly.
4. Breadth of intellectual interest.
5. Interest and aptitude in dealing with the problems of individual students.
6. Personal attributes such as integrity, initiative, diligence, openmindedness, objectivity, cooperativeness, and commitment to the affirmative action policy of the University.
(Business Policies and Procedures Manual 60.11)
All appointments are made in writing. The letter of appointment specifies the conditions and terms of employment as listed below. The original goes to the appointee, and a copy is retained for the personnel file in the Human Resource Services Office. This letter of appointment (a copy of the prescribed employing form-- Personnel Action Form) and the acceptance of the position by the proposed appointee constitute the contract between the employee and the Board of Regents. Records are confidential unless disclosure is required by law.
The letter of appointment includes, by specific statement, the first four of the following items and, by statement or reference, the remainder:
1. Title. (Business Policies and Procedures Manual, 60.25)
2. Salary. (Business Policies and Procedures Manual, 60.25)
3. Basis of service. Academic-year basis, annual basis, or for a stated period. (The academic year is defined as August 16 through May 15. Annual is defined as July 1 through June 30.) (Business Policies and Procedures Manual, 60.25)
4. Any special understandings, promises, or conditions. These must be included in the letter of appointment and on the Personnel Action Form to be a part of the contract of employment. (Business Policies and Procedures Manual, 60.25)
5. Relocation expenses (household and personal effects). Payment of relocation expenses for permanent new faculty employees must be approved in advance by the principal administrative officer and must follow requirements set forth by state regulations. Payment of relocation expenses for temporary faculty may be approved if a sponsored project specifically provides funds for these expenses. Per diem and personal transportation expenses for relocation are not covered. In all cases, the prospective employee must agree to reimburse the University for any funds paid for relocation expenses if he or she resigns, or causes his or her termination within one year of the date of employment. The employee is responsible for all costs for relocation which have not been authorized or which exceed the total relocation allowance authorized by the University.
6. Periods of appointment. (Business Policies and Procedures Manual 60.25)
7. A Faculty Administrative and Professional Personnel Biographical Data Sheet is required from each faculty member. (Business Policies and Procedures Manual, 60.13)
8. Manual. The Faculty Manual is the official guide to policy and procedure and its provisions should be considered a part of the conditions of employment. It cannot and does not foresee every possible contingency, but it should be consulted and followed where applicable as a means of resolving questions regarding the service of an employee. Future editions of the Manual, however, must apply when current, regardless of provisions in force at the time of original employment. (See Section VI, Revision of Preceding Sections, page 98.)
It is the policy of Washington State University to encourage the professional advancement of members of its faculty commensurate with their abilities and the effectiveness of their services. Among the encouragements to superior service, no factors are more important than the policies concerning advancement in salary and rank.
Annually, the status, qualifications, and performances of each faculty member are reviewed by the appropriate administrative officers. The criteria used in this annual review shall be those utilized for possible advancement in rank.
Each faculty member is expected to provide his or her department chair a curriculum vitae which will include information concerning education, instructional performance, research activities and publications, awards, and professional experience, activities, and affiliations, together with the names of professional colleagues who might serve as references. This file is to be up-dated annually to keep the information current. A non-tenured faculty member should add biographical or other information to assist tenured faculty in reaching a recommendation at the time of tenure consideration.
After the department chair, or equivalent, has completed written evaluations of faculty for annual review, each faculty member reviewed shall sign a statement indicating that he or she has had the opportunity to read the evaluation report and to discuss it with the chair. A faculty member's dissent regarding contents of the report shall be appended to the report. If in any year no funds are allocated for salary increases of a faculty member, or if only a cost-of-living increase is available to the faculty member, the annual review reports will remain and be preserved at the department, or equivalent, administrative level.
Recommendations for merit-based salary increases or promotion follow the same administrative channels used for employment. If a merit-based increase is available to a faculty member, then the report will be forwarded through the appropriate administrative channels. If no merit-based increase had been available to the faculty member in the immediate previous annual review period, then reports for both the current and previous annual review periods will be forwarded. If no merit-based increase had been available to the faculty member for the most recent two annual review periods, then reports for the current and two previous periods will be forwarded. In any case, reviews will be forwarded for a faculty member at least every three years. Reviews forwarded for more than one year will be considered together.
Faculty shall be provided with comparative information to help them assess their performance evaluations and numerical ratings. Whenever a periodic evaluation and numerical rating for an individual faculty member is completed by a chair or dean, or their equivalents, then the rating shall be reported back to the individual faculty member, together with the mean and standard deviation of ratings for all faculty in the department or equivalent at the same time. However, no comparative information shall be reported back in departments having fewer than four faculty members on permanent appoitment in order to preserve the confidentiality of ratings of individual faculty members.
To assure that salary increases and promotions will be made objectively, equitably, impartially, and as a recognition of merit, the policies and procedures given below are to be observed. In addition, to qualify for salary increases and promotion, a faculty member is expected to observe all policies applying to faculty covered in the "Freedom and Responsibility" section of the Faculty Manual (see pages 4-10).
It is the policy of the University to encourage and facilitate original creative activity on the part of all faculty. Faculty members will be recognized for activities which fulfill the University's responsibilities in instruction, research, and service. Therefore, all faculty are expected to demonstrate original scholarly or creative productivity. Evidence of scholarly or creative productivity may include publications, performances, exhibits, awards, meritorious instructional or service activity, patenting/licensing of inventions, or other similar accomplishments. Where appropriate and available to particular disciplines, faculty may be recognized for efforts in obtaining extramural funds.
Ordinarily recommendations for promotion or increase in salary will be acted upon at the time of annual review. Promotions for annual appointees will take effect July 1 and for academic-year appointees August 16. Salary increases for both annual and academic-year appointees will take effect January 1 unless established othewise by the legislature.
Increases in salary and advancement in rank are not automatic. Promotion is not to be regarded as guaranteed upon completion of a given term of service. It is rare for a faculty member to attain the level of distinction expected for promotion to professor, or equivalent, before the sixth year in rank as associate professor, or equivalent rank. In both cases, demonstrated merit, and not years of service, is the guiding factor.
Primary criteria to be used to evaluate a faculty member in any of five faculty staffs for salary increases and for possible advancement in rank are described in the following subsections. These criteria and secondary criteria approved at the area or unit level must be directly and substantially relevant to the professional responsibilities associated with the position. In addition, each faculty member is subject to evaluation for his or her contributions to the effective functioning of the department, or equivalent unit, and for adherence to high ethical and professional standards.
Criteria for Resident Instructional Staff
The following primary criteria, in addition to acceptable professional training and personality and character traits, are used in evaluating the qualification of a member of the teaching faculty for possible advancement in rank:
1. Teaching effectiveness in lower-division courses, including advising.
2. Teaching effectiveness in upper-division and graduate courses, including advising.
3. Research, creative scholarship, or professional achievement, including the ability to obtain external funding for teaching, research, and extension projects.
4. Services to the institution and to the public.
The differentiation among these criteria may not be precisely defined. However, it may be assumed that there is a relationship among them and that effective teaching, research, and creative activity go together. Superior teaching and scholarly productivity are considered the most important professional qualifications for promotion in academic rank.
Promotion to professorship, in rare instances, may be made in recognition solely of outstanding teaching or in recognition solely of superior research. The professor especially is expected to be one who may represent the University with distinction.
Criteria for Research Staff
The University seeks to employ for research positions persons who have suitable aptitude, training, and experience in research. Both fundamental and applied research are important in the overall research program. The following primary criteria are used in evaluating eligibility for possible advancement in rank:
1. Research productivity in fundamental or applied research, determined by quality and number of publications, progress reports, patents, and professional recognition.
2. Application of basic research findings.
3. Ability to communicate effectively research findings, new applications, and problems.
4. Ability to direct research projects and to stimulate colleagues and graduate students in productive and significant research, including the ability to obtain external funding for teaching, research, and extension projects.
5. Services to the institution and the public.
A faculty member at the rank of professor, or equivalent, especially, is expected to represent the University with distinction.
Criteria for Extension Staff
Extension workers, as a part of the faculty, represent the University within the state. Eligibility for possible advancement in rank is judged by these criteria:
1. Effectiveness in analyzing problems of individuals, groups, and communities, and in planning necessary work.
2. Ability to organize and utilize the resources of the people, the University, and government agencies in carrying out programs.
3. Ability to speak and write effectively and to communicate ideas to others.
4. Personal leadership and ability to develop leadership in others.
5. Professional development, including work toward an advanced degree or courses in appropriate fields.
A faculty member at the rank of professor, or equivalent, especially, is expected to be able to represent the University with distinction.
Criteria for Library Staff
The following criteria are used in evaluating the qualifications of a member of the library staff for possible advancement in rank:
1. Effectiveness in handling library services for the undergraduate programs, the graduate programs, the research programs, and extension.
2. Efficiency in performance of library technical operations.
3. Administrative ability and capacity for administrative responsibility.
4. Achievement in research and scholarship.
5. Services to the institution and the public.
6. Professional development, including work toward an advanced degree or courses in appropriate fields.
A faculty member at the rank of professor, or equivalent, especially, is expected to be able to represent the University with distinction.
Criteria for Student Affairs Staff
The following primary criteria, in addition to acceptable professional training and are used in evaluating the qualifications of a member of the Student Affairs staff for possible advancement in rank:
1. Effectiveness in work and communication with students.
2. Achievement in service, research, and scholarship.
3. Professional achievement and recognition in the University community.
4. Professional development, including additional academic preparation in fields that are appropriate.
5. Services to the institution and the public.
A faculty member at the rank of professor, or equivalent, especially, is expected to be able to represent the University with distinction.
Tenure provisions are designed to assure the widest possible range of freedom for scholarly inquiries in teaching, research, and extension for faculty members on permanent, full-time appointment and for those faculty members on permanent appointment for three-fourths time or greater but less than full time where the basic expectations for job performance are the same as for full-time faculty positions associated with tenure. Under exceptional circumstances, a tenure-track position may be offered for at least a half time but less than a three-fourths time Full-Time Equivalent (FTE). For such appointments the time for tenure consideration may be extended. The decision to associate tenure with a position rests with the program, department, or division offering the position. This decision must be made at the time the job description is developed.
Tenure is granted only for academic rank or professional status within programs, departments, or service units. Department chairs, deans, directors, and other administrative officers do not acquire tenure in administrative positions. To qualify for tenure, the faculty member is expected to observe all policies applying to faculty in the "Freedom and Responsibility" section of the Faculty Manual (see pages 4-10). Except in extraordinary circumstances, such as financial exigencies or elimination of function, these tenure provisions apply.
The acquisition of tenure requires affirmative action by the President of the University by delegation of authority from the Board of Regents. Tenure, once granted, is retained by the faculty member until he or she ceases to be an employee of the University or retires.
When a former faculty member who had tenure is reemployed in a comparable position within two years, tenure may be given immediately, though the usual procedures must be followed. In other cases, the time of prior service to be counted toward tenure must be negotiated at the time of reemployment.
If a tenured person takes a different faculty position within the institution on a permanent basis, the receiving department must assume the tenure obligations accompanying the transfer. In the special case of the formation of a new unit, the prior tenure of each faculty member will be transferred to the new unit.
A faculty member whose appointment is budgeted on a continuing basis in more than one unit may be granted tenure, provided that the positions are permanent and provided that tenure is granted in all units simultaneously. Such tenure implies no obligation for one unit to increase the employment of the person beyond the budgeted portion in the event that duties should cease to exist in another unit. This policy applies to a person holding a joint appointment in instructional units as well as to a person with duties divided between teaching and non-teaching responsibilities in a staff having faculty status.
In special circumstances involving a joint appointee, one unit may request permission to assume an additional portion or all of the tenure responsibility for the faculty member, and in this case the other unit or units accept no responsibility for continuation of the position.
If the duties of a nontenured faculty member change so as to result in a shift between units in the budgeted appointment on a continuing basis, the date of eligibility for tenure consideration remains based on the original appointment to the faculty.
A person who is appointed to a temporary position, whether part-time or full-time, is not eligible for tenure. If a person in a temporary position is subsequently given an appointment without terminal date, the principal administrative officer, at the time of the permanent appointment, shall recommend to the Provost and Academic Vice President for consideration the extent to which past service shall count toward eligibility for tenure. This decision shall be included in the person's employment record.
The criteria and procedures pertaining to tenure are of basic importance in the development of excellence within the faculty of the University. General criteria for faculty review are outlined in this Faculty Manual. These are to be articulated and supplemented by tenure criteria developed at the department and/or college level to emphasize goals and objectives. Input from faculty members of the unit and students, if appropriate, shall be utilized in the development of the statement of criteria.
In general, departmental criteria appropriate to the unit's particular needs shall be directed toward excellence in most or all of the following areas: teaching effectiveness including advising, research or creative scholarship, extension education, extension service and other public service, professional service and advancement, academic and professional leadership, services to the University, and ability to interact with colleagues and students. Long-term support of faculty members requires commitment in terms of salary and other resources; therefore, criteria for tenure must include consideration of contributions toward program objectives.
The proposed departmental criteria shall be provided the cognizant administrators (such as dean of the college, director, Vice President). After administrative approval, a copy of the approved departmental criteria shall be provided to every faculty member of the department or unit and filed with the Executive Secretary of the Faculty Senate.
Tenure should be recommended for a faculty member only after a thorough assessment and evaluation of the quality and extent of the individual's performance in terms of the department and/or college criteria. Input into tenure consideration should come from several levels, including students (when the person has instructional duties), other faculty, and administrative officers.
A person employed full time at the rank of Assistant Professor, or comparable rank, becomes eligible and must be considered for tenure during the sixth year of service at Washington State University, with tenure, if granted to be effective at the beginning of the seventh year. Generally, recommendations for tenure will be made for Associate Professors or Professors, or comparable ranks, or concurrently with a recommendation for promotion to Associate Professor or comparable rank. A person employed full time at the rank of Associate Professor, or comparable rank, ordinarily will be considered for tenure during the third year of service at Washington State University with tenure, if granted, to be effective at the beginning of the fourth year. This is a negotiable condition of employment. A person employed full time at the rank of Professor, or comparable rank, may be granted tenure through usual procedures, effective the date of initial appointment. This is a negotiable condition of employment. If not employed with immediate tenure, such a person must be considered for tenure during the first year of service, with tenure, if granted, to be effective at the beginning of the second year.
Regular annual reviews, as set forth below, shall be conducted to advise and direct progress toward tenure or, if for adequate cause, to terminate employment. Evaluations of non-tenured faculty members are to be conducted at the departmental level at least once a year. These are to involve all tenured faculty members, and student evaluations are to be included where applicable. The tenured members of the unit are expected to establish how the evaluation is to be accomplished (for example, in an open meeting, in written evaluations submitted directly to the department chair, or by other appropriate means). Following completion of the evaluations, the department chair, or equivalent, is to meet individually with each non-tenured faculty member to discuss results and implications of the evaluation. The purpose of the conference is to aid the faculty member in understanding how tenured members view his or her performance in light of the departmental criteria. A dated written summary of the discussion of these results and of the implications shall be signed by each non-tenured faculty member and the department chair, or equivalent. The faculty member shall have the right to have a statement concerning this summary permanently attached to the summary. A copy of the signed summary is to be provided to the faculty member. This summary also shall be available, upon request, to each tenured member of the department.
Satisfactory progress toward meeting tenure requirements must be demonstrated for continued appointment prior to tenure. In addition to the annual reviews, a formal tenure progress review shall be conducted for all faculty members who were initially appointed full time at the level of Assistant Professor, or the equivalent. This review normally will occur three years prior to tenure consideration. The tenure progress review shall be conducted by those eligible to perform final tenure evaluations, and follow similar procedures as apply to final tenure consideration, except for external professional evaluations. The purpose of this review is to identify relevant deficiencies with regard to progress toward tenure. The results of the tenure progress review shall be made available to the faculty member. Where the results are judged unsatisfactory, the third-year tenure progress review can lead to nonreappointment (see p. 61). In this event, the faculty member may, within thirty days after notification of nonreappointment, petition the Faculty Status Committee to review the decision either upon an allegation of inadequate consideration or upon an allegation of violation of academic freedom.
The final tenure review for faculty members initially appointed full time at the level of Assistant Professor, or the equivalent, shall normally occur in the sixth year of appointment. This final review may occur earlier in especially meritorious cases at the request of the appropriate dean, and with the consent of the Provost, department chair and faculty member. As set forth above, tenure consideration for faculty members initially appointed full time at the level of Associate Professor or full Professor, or other comparable ranks, shall be in the third year and first year of service respectively. Tenure review shall result in either the granting of tenure, to become effective at the beginning of the next academic year following the year in which the tenure review is conducted, or the denial of tenure and the offering of a one-year terminal appointment.
At the time of tenure consideration, all faculty members with tenure in the candidate's department, including those who will retire prior to the effective date of such grant of tenure, are given the opportunity to fill out a form on which the following alternative recommendations are considered: 1. to grant tenure; 2. to deny the granting of tenure. At least five persons who are thoroughly familiar with the attainments of the eligible faculty member must complete this tenure form. When there are not five tenured faculty members in the unit, the tenured members shall recommend additional such persons to the Provost and Academic Vice President, who shall determine which of these persons will complete the tenure form. The recommendations are forwarded by principal administrative officers to the and Provost and Academic Vice President.
The complete curriculum vitae file referred to on page 31 for a faculty member under tenure review will be available to each tenured member within the department or unit. It is expected that professional evaluations for a candidate shall be obtained from persons in other units of the University and from outside the University.
Any untenured faculty member who holds a tenure track position at the time she gives birth may request, through her administrative unit head, that the Provost and Academic Vice President grant a one-year extension of the time at which her tenure decision will be made. Similarly, if the birth occurs prior to the third-year review, a one-year extension of the date of that review may be requested. Requests for extension for these reasons must be made prior to September 1 of the year of tenure consideration and will be routinely granted by the Provost and Academic Vice President. A maximum of two such extensions (a single one-year extension for each of two births) is permitted. The option to extend the tenure candidacy period will be available regardless of the number of weeks of sick leave taken by the faculty member at the time of childbirth, whether or not she has requested or was granted a reduction in her normal professional duties, or whether or not she took leave without pay for the purposes of child care. Any extension of the tenure candidacy period is optional and at the discretion of the faculty member. If the faculty member believes her record justifies tenure within the usual time frame, she may decide not to exercise her option.
Tenure-track appointments for not less than three-fourths time (75 percent) may be offered for all ranks. Under exceptional circumstances, such appointment may be offered for at least half-time but less than three-fourths time. A person employed at the rank of Assistant Professor, or the equivalent rank, who is three-fourths time or greater but less than full-time permanent appointment is to be considered for tenure no later than the seventh year of service at Washington State University, with tenure to be effective at the beginning of the eighth year. For persons appointed under exceptional circumstances to at least a half-time but less than a three-fourths time tenure track position, the time for tenure consideration may be extended.
The performance of all faculty on part-time tenure track appointment is to be judged in accordance with the general criteria for tenure and promotion as set forth in this Faculty Manual and as articulated and supplemented by tenure (and promotion) criteria developed at the department and/or college level. No distinctions are to be made in tenure and promotion standards and criteria between full-time and part-time faculty.
The tenure review procedures of part-time faculty parallel those of permanent full-time faculty, except that tenure progress reviews, analogous to those for full-time appointees, will occur during the fourth year of service for assistant professors.
Any exceptions to these procedures and any special provisions including any decision on the amount of prior service at another institution to be considered toward tenure, must be included in the original appointment. Whether time spent on leave without pay is included in time in rank applicable toward tenure should be determined when the leave is approved.
Computation of eligibility is made from the preceding August 16 for persons employed at any time during the first semester and from the following August 16 for persons employed during the second semester. Appropriate adjustments are made for persons on twelve-month appointments.
Faculty members without tenure who are promoted to a higher rank are eligible for tenure only after completion of the terms of service required for eligibility for tenure in the rank of their original appointments.
If the fraction of a faculty member's part time appointment is increased in the same department after he or she has been granted tenure, tenure for the increased portion of the appointment must be granted automatically.
Tenure must be granted, or denied. Grant of tenure becomes effective on August 16 for academic-year appointees and on July 1 for annual appointees. Upon denial of tenure, notification of nonreappointment will be given at least twelve months in advance of the termination of service.
Notification of the granting or denial of tenure shall be given in writing to the particular faculty member by the dean within three working days after a decision has been made by the dean, the Provost and Academic Vice President, and the President, or designee acting for the President. This notification will include the date at which tenure recommendation will be reported to the Board of Regents.
If the faculty member resigns within 90 calendar days after tenure decisions were reported to the Board of Regents, no reference will appear in his or her personnel file that tenure was denied or that a recommendation to deny tenure was made. The effective date of such resignation shall be the date upon which the appointment would have been terminated if tenure had been denied, or earlier, if mutually agreed to by both parties.
A faculty member who has been denied tenure may, within 30 days after notification of nonreappointment by the faculty member's dean or equivalent administrator, petition the Faculty Status Committee to review the decision, either based upon an allegation of violation of academic freedom or based upon an allegation of inadequate consideration.
If a review by the Faculty Status Committee is requested, the Committee shall determine its own procedures for hearing the matter, consistent with law, shall conduct its review as expeditiously as possible, and shall report its findings to the President, or designee, and to the faculty member requesting Faculty Status Committee review within the next 90 days after the request is made. The Committee may elect to count only days of the academic year in the 90 day period. The President shall notify the faculty member requesting the review of the Presidents decision within 30 days after receiving the report of findings.
A tenured person whose position has been eliminated also has the right of appeal to the Faculty Status Committee.
The objective of the Faculty Salary Policy shall be to provide faculty sslary increases, based on evaluation of professional growth and meritorious performance as determined in the Annual (Performance) Review Process. Within available means, salaries are to be comparable with those paid for similar service at peer institutions.
When funds become available for faculty salary increases, they shall be allocated in the following manner:
Unless provided otherwise by law, salary increase monies shall be allocated 30 percent to professional development, 40 percent to superior merit, and 30 percent to extraordinary merit/equity/market adjustments. The professional development portion reflects professional growth and service to the University during the period of review and, unless extraordinary circumstance occur, each faculty member will receive this professional development adjustment. The professional development portion shall be uniformly allocated as an equial percentage of annual salary to all faculty, unless substandard performance or extraordinary circumstance occur. The superior merit portion, also a performance-based merit adjustment, reflects the degree of superior merit above the average performance realized during the period of review.
When a faculty member is promoted, his/her salary will be increased by no less than four percent of his/her annual salary, or two percent of the average WSU faculty salary, whichever is greater, starting with the effective date of the promotion. This adjustment will be made regardless of the level of funding for salary increases and will be in addition to any other adjustments made to the faculty member's salary (merit, equity, marketplace, cost-of-living, etc.).
Should the President believe in any particular year that allocation of salary funds in accordance with the Section, ALLOCATION, above is not in the best interests of the University, the President shall seek the advice of the faculty through the Faculty Senate on an alternative salary allocation proposal. When the President seeks such advice the matter shall be privileged before the Faculty Senate and a response shall be forthcoming within fourteen days.
Payment for summer employment will be at an agreed figure, which in no case may exceed a monthly rate of one-ninth of the previous academic-year salary. Normally, total employment is limited to two months. Salaries for full-time summer session teaching for the eight weeks' summer term are ordinarily equal to two months of the regular pay for the academic year. Salaries may be negotiated at a lower level for teaching of summer courses which do not achieve the minimum enrollment to be self- sustaining. Salaries for shorter periods of summer teaching are proportionate.
The Washington State Law Against Discrimination, RCW 49.60, together with federal law, Section 504 of the Rehabilitation Act of 1973, prohibits discrimination in employment on the basis of mental, physical, or sensory handicap. In its program of equal employment opportunity, Washington State University is legally and morally committed to providing reasonable accommodation for disabled employees. Disability includes any physical, mental, or sensory impairment that affects the performance of major work activities and therefore may impede an individual in obtaining or maintaining permanent employment and promotional opportunities.
If an employee is otherwise qualified to perform the job, the institution may not discontinue an employee or refuse to hire or promote an employee solely on the basis of disability. Once a disability is identified, if the employee is otherwise qualified to perform the job, the employee and supervisor must work together to determine what reasonable accommodation, if any, is needed. An accommodation is considered "reasonable" if it does not impose an undue hardship on the institution. Each employee's circumstances will be evaluated on a case-by-case basis.
Faculty members and administrative/professionals should, upon certification by a physician that they have a disability which may affect the performance of major work activities, request an accommodation from the department or area head and contact Human Resource Services. Human Resources Services will provide information on the types of accommodation available to faculty and administrative/professionals and coordinate accommodation requests with Affirmative Action and Special Programs, the Safety Division, and Retirement and Insurance.
Whenever reasonable, Washington State University will try to accommodate the employee in his/her current position. Other options, however, may include a change in position, paid or unpaid sick leave, long-term disability, or retirement because of health conditions.
Prospective employees and applicants for employment who need accommodation during the job search process should contact the Office of Human Resource Services.
If, after working with the supervisor and the appropriate resource personnel, employees feel their disabilities have not been reasonably accommodated, they should contact the Affirmative Action and Special Programs Office for additional assistance. Employees may also appeal to the Washington Human Rights Commission, the Federal Equal Employment Opportunity Commission, and/or the Office of Federal Contract Compliance Programs.
Facility modifications required by an employee to perform his/her job are funded from the Minor Capital Improvements budget, administered by Facilities Planning. Equipment required by an employee to perform his/her job is funded from the University's operating budget. Other sources of funding, including specific Minor Capital Improvements projects, the Department of Labor and Industries, and other rehabilitation programs, should be explored in all cases.
It is important that employees identify medically verifiable disabilities and the need for accommodation. New hires are required to identify a medically verifiable disability for inclusion on the Personnel Action Form. Employees who become disabled after being hired should notify the supervisor of a disability that may affect work performance and request a modification of the Personnel Action Form. A physician's evaluation may be required to assist the personnel office and the supervisor in identifying which essential duties can be performed and what accommodations may be required.
To ensure compliance with both state and federal regulations and to provide consistency within the institution, records of accommodations will be maintained in the Affirmative Action and Special Programs Office. The Office of Human Resources Services shall provide a brief summary of accommodations to the Affirmative Action and Special Programs Office.
The vacation provision in the terms of employment is intended to provide opportunity for periodic leisure and relaxation, free from official duties. Vacation time, therefore, is not regarded as a leave of absence.
Faculty on annual appointment earn annual leave at the rate of 14 2/3 hours per month of completed service, not to exceed 22 working days per year. Unused annual leave is cumulative to a maximum of 44 working days. Leave is scheduled with the approval of the unit administrator. Faculty cannot be paid for annual leave unless they leave state employment.
(Business Policies and Procedures Manual, 60.63)
Members of the faculty on academic-year appointment are free to seek other employment in the summer, to do consulting work, or to study. Summer employment by the University of persons on academic-year basis is not precluded, but no obligation exists to provide such employment.
The University establishes a schedule for each year, including ten holidays. This schedule is available from the Office of the President and is published in the WSU Week.
Ordinarily, legal holidays will be observed by all staffs as nonworking days. However, if any single organized staff decides for itself that it wishes to work on any of these holidays, such determination is its prerogative. This determination will not bind any other staff to such observance. For example, the Resident Instructional Staff has generally maintained full weeks of instruction except on all-University holidays. Faculty on annual appointment are eligible for one day's personal holiday, to be used on a fiscal-year basis and only in a one-day block.
(Business Policies and Procedures Manual, 60.63; 60.67)
Absence of faculty members from official duty is subject to such limitations as the administrative officer in charge may determine.
Members of the faculty are allowed sick leave with full pay under certain conditions:
1. Faculty on academic-year appointment earn sick leave at the rate of one working day per month of completed service or nine working days per year. One additional day of sick leave is earned for each month of full-time summer employment.
2. Faculty on annual appointment earn sick leave at the rate of one working day per month of completed service or twelve working days per year.
3. Sick leave may not be taken before it is earned. It is usable only in case of illness or temporary disability of the faculty member or his or her immediate family.
4 A faculty member may use eight hours per month of accrued paid leave (including sick leave) for up to four months during parental or disability leave without pay to maintain eligibility for University-sponsored insurance benefits.
5. A faculty member must submit a health certificate from a physician for illness requiring sick leave of more than ten continuous work days. If the certificate states that the employee is able to work part-time, sick leave will be authorized on a part-time basis only.
6. A faculty member may use any accrued leave or leave without pay during the temporary disability resulting from pregnancy. Ordinarily, maternity leave is six weeks or less. Leaves longer than six weeks may be granted at the discretion of the employing officials.
7. The administration of faculty sick leave is the responsibility of the President and is delegated, through the Provost and Academic Vice President, to the principal administrative officers and the department chairs. Sick leave is reported on the Faculty Leave Report.
(Business Policies and Procedures Manual, 60.63)
The regulations concerning leave for training duty and for active military service are as provided by state law:
RCW 38.40.060 Every officer and employee of the State of Washington or of any county, city, or other political subdivision thereof who is a member of the Washington national guard or of the army, navy, air force, coast guard, or marine corps reserve of the United States, or of any organized reserve or armed forces of the United States shall be entitled to and shall be granted military leave of absence from such employment for a period not exceeding fifteen days* each calendar year. Such leave shall be granted in order that the person may take part in active training duty in such manner and at such time as he may be ordered to active training duty. Such military leave of absence shall be in addition to any vacation or sick leave to which the officer or employee might otherwise be entitled, and shall not involve any loss of efficiency rating, privileges, or pay. During the period of military leave, the officer or employee shall receive from the state, or the county, city, or other political subdivision, his normal pay. [1957 c 236 1]
RCW 73.16.033 Any person who is a resident of this state and who voluntarily or upon demand vacates a position of employment to determine his physical fitness to enter, or who actually does enter upon active duty or training in the Washington national guard, the armed forces of the United States, or the United States public health service, shall, provided he meets the requirements of RCW 73.16.035, be reemployed forthwith: Provided, That the employer need not reemploy such person if circumstances have so changed as to make it impossible, unreasonable, or against the public interest for him to do so: Provided further, That this section shall not apply to a temporary position.
If such a person is still qualified to perform the duties of his former position, he shall be restored to that position or to a position of like seniority, status, and pay. If he is not so qualified as a result of disability sustained during his service, or during the determination of his fitness for service, but is nevertheless qualified to perform the duties of another position under the control of the same employer, he shall be reemployed in such other position: Provided, That such position shall provide him with like seniority, status, and pay, or the nearest approximation thereto consistent with the circumstances of the case. [1953 c 212 2]
(Business Policies and Procedures Manual, 60.63)
Faculty members are entitled to leave for jury duty. Those not entitled to exemption by state statute shall serve with neither gain nor loss in compensation. The jury fee to which they are entitled shall be deducted from their University salary.
University employees, as all citizens, have a duty to provide accurate information to adjudicatory bodies. The purpose of this policy is, to the extent proper and permissible, to alleviate the burdens of subpoenaed testimony and to permit expert testimony to be provided through arrangements made directly between faculty and litigants. Where faculty are subpoenaed because of facts gained within the course of
*Fifteen days is interpreted as fifteen working days and not fifteen calendar days. University duties, arrangements for providing expertise to litigants should be reviewed to assure the University's interests are protected.
Voluntary Expert Testimony.
Voluntary expert testimony is governed by the Policy on Compensated Outside Professionally Related Service by Faculty Members.
Subpoenaed Expert Testimony.
In the course of his or her professional duties, a faculty member may develop facts based upon his or her specialized expertise. Such knowledge may cause him or her to become subject to a subpoena for testimony which is essentially expert in nature. In such cases, he or she may request permission from his or her immediate supervisor to testify as a voluntary expert witness and negotiate an arrangement and fee for such testimony. Normally, the faculty member's request to testify under such an arrangement will be granted unless the testimony (1) might involve the University in the litigation as a party; (2) is likely to damage the reputation of the University; or (3) is so closely connected to duties specifically directed by the University that it would be improper to permit testimony in a private capacity. If the faculty member is not granted permission to testify as a voluntary expert, he or she shall testify as part of his or her University duties and be reimbursed through the established process for actual expenses incurred. The University has the right to determine proper fees for testimony rendered on University time, and the fees shall accrue to the University. If permission to testify under a negotiated arrangement is granted, such activity is treated as voluntary expert testimony and is governed by the Policy on Compensated Outside Professionally Related Service by Faculty Members. Faculty, supervisors, and department chairpersons should consult the Office of the Attorney General when faculty are served with subpoenas relating to performance of University duties.
Non-expert Testimony Pursuant to Subpoena.
A faculty member appearing as a non-expert witness pursuant to an effective subpoena shall serve with neither gain nor loss in compensation; therefore, any statutory witness fee paid for such testimony shall be returned to the University.
(Business Policies and Procedures Manual, 60.63)
For important service to the state or to the United States, leave of absence without pay ordinarily will be granted to faculty members. Leave without pay for other reasons, such as graduate or professional study or acceptance of foundation grants, exchange professorships, and consulting appointments, may be granted. A faculty member applying for a grant, professorship, or appointment must secure the approval of the immediate administrative officers and deans prior to submitting the application. Leave, if granted, normally will be for a period not exceeding one year. The faculty member must state in writing an intention to return to the service of the University for at least one year after the leave or to retire, if eligible, at the end of the leave. Faculty members on leave-without-pay status do not earn annual or sick leave.
If a faculty member chooses to strike against the University or otherwise not perform assigned responsibilities, he or she shall inform the immediate administrative superior of such intention at least 24 hours in advance of action. Going on strike and/or otherwise willfully failing to perform regular duties shall be considered an automatic request by a faculty member for leave without pay. Such a request will normally be granted for the period during which the faculty member is not on duty. When the faculty member fails to perform assigned responsibilities, without providing notification of intent to strike, the principal administrative officer, after consultation with the immediate administrative officer, will determine whether that person is on strike.
These provisions shall not prejudice the right of the University to initiate disciplinary action in accordance with the regulations provided.
(Business Policies and Procedures Manual 60.63)
Professional leaves may be granted to faculty members in recognition of meritorious service and/or scholarly achievement in teaching, research, and creative activity. Applications for professional leaves will be considered only from faculty members on permanent appointment (academic or annual) who have completed at least five years of active service for Washington State University at the time the leave is to be effective. The amount of prior service on temporary appointment at Washington State University applicable to professional leave will be determined by the Provost and Academic Vice President.
Faculty members on professional leave are relieved from all teaching, research, administrative, and committee functions for the leave period so that full time may be devoted to the purpose for which the leave is granted. Professional leaves are to be used for specified projects to further professional study or development and must be of advantage to the University in terms of improved instruction, research, or public service. Leaves may not granted to faculty members when a major purpose of such leave is the enhancement of the faculty member's private business. Neither are leaves granted to faculty members whose primary purpose is working toward an advanced degree. Under unusual circumstances, professional leave may be awarded for a meritorious project that may incidentally lead to attainment of a degree; in such cases, leave is awarded on the basis of the proposed project itself without reference to the acquisition of the advanced degree.
A faculty member is expected not to engage in other employment during the period of professional leave for which University salary is paid. The sum of the professional leave salary and any salary provided by grants and stipends cannot exceed the University salary for the leave period. Reimbursements for travel and related expenses (including cost-of-living adjustments) for grantees and dependents are not considered salary items.
Professional leave may be granted for periods up to two semesters or twelve months for faculty on academic or annual appointment, respectively. Faculty on academic appointment may receive l00 percent of base salary for leaves of one semester or 75 percent of base salary for leaves of two semesters. Faculty on annual appointments may receive 100 percent of base salary for leaves of six months or 75 percent of base salary for leaves of twelve months. Faculty on academic appointment who are granted paid leaves of more than one semester but less than two semesters will be paid at a monthly rate which is the average of 4.5 months at 100 percent and any additional months at 50 percent. Faculty on annual appointments who are granted paid leaves of more than six months but less than twelve months will be paid at a monthly rate which is the average of six months at 100 percent and any additional months at 50 percent. In any case, the monthly rate of pay during the leave period may not exceed the average salary rate of the highest paid quartile of teaching faculty on academic year appointments [RCW 28b.10.650]. Faculty on professional leave do not earn annual or sick leave. Extra compensation for services as a department chair or other administrative officer is discontinued during a professional leave.
Professional leaves cannot be granted where the ongoing program of instruction, research, or extension will be jeopardized, and leaves cannot result in an additional dollar cost to the University. Administrative supervisors must certify that leaves will not affect the unit programs or result in additional costs.
Faculty members receiving professional leaves in a fiscal year can postpone them to a subsequent fiscal year only at the University's request or because of the unexpected temporary unavailability of laboratory, library, consultant, or other resources required by leave projects. Otherwise, if faculty members wish to delay leaves into the next fiscal year, new applications must be submitted to be considered with others received at the later time.
A faculty member receiving a professional leave must agree to return to active duty as a member of the faculty for a period at least equal to the length of the leave. Within three months following return to the University, unless special provisions are made, the faculty member must submit a written report to the President, summarizing the work completed during the professional leave and including a statement on how the leave experiences will be utilized in continuing institutional responsibilities.
Specific guidelines for making application for professional leave are available from the Office of the Provost and Academic Vice President. Completed applications are considered by the Provost and Academic Vice President, who then forwards recommendations to the President. In some cases the Provost and Academic Vice President refers leave applications to the Senate Faculty Affairs Committee for its recommendation. Final approval is given by the President.
Retraining leave may be granted to faculty members in recognition of previous meritorious service and for previous scholarly achievement in teaching, research, or service.
The purpose of retraining leave is to provide opportunities for tenured faculty to prepare themselves for beginning new educational programs, or for continuing existing ones, within specific areas of the University that are experiencing, or expect to experience in the future, declining enrollments. Subject programs may be assigned to a department or unit in which a faculty member is currently a part or may be assigned otherwise. In any event, the department or unit must demonstrate clearly a need for added personnel having specific qualifications.
Procedures for applying for retraining leave are available in the Office of the Provost and Academic Vice President. A faculty member is eligible for retraining leave provided he/she expects to serve WSU for at least five years following the leave and before retirement. Completed applications are considered by the Provost and Academic Vice President who subsequently approves or disapproves the application. A person accepting retraining leave is obligated to enter into a written and signed agreement with WSU stipulating that he/she shall return to University employment following completion of the leave for a period at least as long as the leave period.
Leave may be granted for up to two semesters or one year, respectively, for academic or annual year appointees. Salary policies and rates are the same as those for professional leave except that, when retraining is a condition of continued employment, remuneration shall be at 100 percent of base salary.
Leave with pay for the purpose of official duties or service in behalf of the University may be authorized by the principal administrative officer in charge or, in the case of principal administrative officers, by the Provost and Academic Vice President. After two years of completed service, a faculty member may request ten days of special leave with pay. This must be approved by the Provost and Academic Vice President prior to leave. Further requests may be made after each additional two years of completed service.
(Business Policies and Procedures Manual, 60.63)
Emergency leave is intended to apply only in the case of death in the family or other comparable emergency. Such leave, with pay, maybe granted to a faculty member by the dean or other principal administrative officer in charge, provided the regular duties of the person concerned are assumed by other staff members without additional expense to the University. A complete report of the leave is to be made promptly to the Provost and Academic Vice President. Without authorization of the President, or of a person designated by the President, such leave with pay may not exceed five days.
(Business Policies and Procedures Manual, 60.63)
Grant of leave of absence to an employee for any purpose does not constitute or imply, on the part of the University, any greater obligation to resume or continue such employment than had the employee not been granted leave; nor does grant of leave of absence involve any additional tenure obligation on the part of the University. However, especially meritorious service to the state or nation will be taken into consideration.
Faculty members on military leave, leave for jury duty, leave for testimony at trials and hearings, and leave with pay earn annual and sick leave. Faculty members on professional leave or leave without pay do not earn annual or sick leave. Whether time spent on leave without pay is included in time in rank applicable toward tenure should be determined when leave is approved.
Adherence to the Faculty Code of Professional Ethics is the responsibility of the individual faculty member. The principles implicit in these procedures are for the benefit of all who are involved with or are affected by the rules and regulations of Washington State University.
If a faculty member is accused of violating the Faculty Code of Professional Ethics, academic due process shall be observed so as to preserve academic freedom and the integrity of the institution and will be ensured by following the procedure described below. (For emergency situations see pages 61-63; for physical or mental health reasons see pages 63-64).
It shall be the prerogative of the chair of the department (or immediate administrative official, if no chair) or, if called upon, the University Ombudsman, to attempt to resolve a disciplinary problem. If this is unsuccessful, the faculty member may refer the case to the Faculty Status Committee which shall attempt to reach a satisfactory resolution of the matter through conciliation. The procedures may well include direct discussion between the parties involved concerning the alleged misconduct. If satisfactory resolution is attained, there shall be no further action. Such informal resolution may include sanctions, but only if agreed to by the faculty member. If satisfactory resolution is not obtained, further action may occur.
In cases where the Faculty Status Committee has sufficient reason to believe that a physical or mental health condition is the underlying cause of the disciplinary problem, procedures described on pages 63-64 shall be followed.
The Provost and Academic Vice President may initiate a Statement of Charges after information has reached his office. However, if a complainant group files a petition for Statement of Charges with the Provost, the Provost shall within 21 calendar days, either serve the accused faculty member with a Statement of Charges or respond in writing to the complainant group, stating the reasons for not proceeding with a Statement of Charges. A complainant group shall be comprised of at least one-fourth, but not fewer than three, of the faculty members of the accused faculty member's department or comparable organizational unit.
The Statement of Charges shall include the following:
1. A reference to the Disciplinary Regulations of Washington State University, including a reference to the particular rules or policies the faculty member is alleged to have violated.
2. A short and plain statement of the matters asserted. If the matters cannot be stated in detail at the time the Statement of Charges is served, the initial Statement of Charges may be limited to a statement of the issues involved. Thereafter, upon request, a more definite and detailed Statement of Charges shall be furnished.
A petition for Statement of Charges shall include the same material as required above for a Statement of Charges.
Once the Statement of Charges is served, informal procedures start, at which time there arises a "contested case."
The procedures contained in the Higher Education Administrative Procedures Act governing contested cases shall apply to the procedures undertaken from this point. If the Faculty Status Committee previously has been involved in conciliation procedures, the Faculty Status Committee's continuing efforts after the Statement of Charges is served are to be regarded as informal procedures.
If the Faculty Status Committee has not been involved previously, it shall attempt to reach a satisfactory resolution of the matter following the serving of the Statement of Charges, utilizing the informal conciliation procedures identified in 1. above. Whatever combination of procedures is used from this point shall constitute the "informal hearing" and "informal procedures" referred to in RCW 28B.l9.110 and 28B.19.120. As provided in RCW28B.19.120 (4 and 5):
(5) Unless precluded by law, informal disposition may also be made of any contested case by stipulation, agreed settlement, consent order, or default, or other established informal procedure.
(A formal hearing herein embraces a "formal hearing" and a "formal procedure" as denoted in RCW 28B.19.110 and 28B.19.120.)
1. Recommendation by Faculty Status Committee to Hold a Formal Hearing and the Decision on That Recommendation
The Faculty Status Committee shall, failing to effect an adjustment through informal conciliation procedures, make a recommendation to the Provost and Academic Vice President as to whether or not formal disciplinary proceedings set forth below should be undertaken. If its recommendation is that no formal disciplinary proceedings be held, and if the Provost and Academic Vice President agrees with this recommendation, there shall be no further proceedings. If the recommendation is for formal disciplinary proceedings, and the Provost and Academic Vice President agrees, then the formal hearing procedures described below shall be instituted.
If the Provost and Academic Vice President does not agree with the Faculty Status Committee's recommendation, the decision concerning whether to hold a formal hearing, after consultation with the Faculty Status Committee, shall be that of the Provost and Academic Vice President.
If the decision is to hold a formal hearing, the Provost and Academic Vice President shall promptly notify the faculty member, the Faculty Status Committee, and the appropriate administrative officer or officers. Such notification is not the same as "service" on pages 53, STATEMENT OF CHARGES and page 56, Notice of Hearing.
2. Request by a Faculty Member to Have a Formal Hearing
Once a Statement of Charges is served (which may occur prior to, during, or following Faculty Status Committee conciliation procedures), the person who is charged may request and have a formal hearing. However, he/she may prefer to use the informal procedure first. The request for a formal hearing must be directed to the Provost and Academic Vice President and to the Faculty Status Committee, within the time prescribed in RCW 28B.19.110. These items are paraphrased as follows to fit Washington State University circumstances: (i) within ten days after the faculty member has been notified by the Faculty Status Committee of the time and place for representatives of the Faculty Status Committee to first meet with him/her for informal procedures on the contested case; or (ii) within five days after the chairman of the Faculty Status Committee has notified the faculty member that it is impossible to proceed further with informal procedures; or (iii) within ten days after the Faculty Status Committee has notified the faculty member, first, of the fact that the informal conciliation procedures have concluded, and second, of the Faculty Status Committee's recommendation following upon those conciliation procedures.
1. Formation of the Hearing Committee
b. The President's appointment letter shall designate one of the five members to convene the committee. The hearing committee shall elect a presiding officer from among its members and shall make its own rules for governing the conduct of the hearings consistent with the provisions of RCW 28B.120.
2. Notice of Hearing
Notice of hearing with specific charges in writing shall be served by the hearing committee on the faculty member, on the Provost and Academic Vice President, and on any complainant group not less than ten days prior to the hearing, as required in RCW 28B.19.120 (1). Upon request, the faculty member shall be ranted up to two additional ten-day periods in which to prepare a defense. The notice shall include the following, paraphrased to comply with RCW 28B.19.120 (1), (2), (3), and (4):
(2) A statement that the hearing is to be conducted under the authority of the Higher Education Administrative Procedures Act of the State of Washington, Chapter 28B.19.RCW and the Statutes pertaining to the powers and authority of Washington State University, Chapter 28B.30. RCW, within the jurisdiction of Washington State University and the respective county.
3) A reference to the Disciplinary Regulations of Washington State University, as published in the current Faculty Manual indicating the particular rules or policies the faculty member is alleged to have violated.
(4) A short and plain statement of the matters asserted. If the matters cannot be stated in detail at the time the statement is served, the initial statement may be limited to a statement of the issues involved. Thereafter upon request, a more definite and detailed statement shall be furnished.
3. Faculty Member Response to Hearing Notice
The faculty member may waive a hearing or may respond to the charges in writing at any time before the hearing. If the faculty member waives a hearing, but denies the charges or asserts that the charges do not support a finding of violation of the Faculty Code of Professional Ethics, the hearing committee will evaluate all available evidence and rest its recommendation upon the evidence in the record.
4. Conduct of the Formal Hearing
b. The hearing committee, in consultation with the President or the President's designee and the faculty member, will exercise its judgment as to whether the hearing should be, as paraphrased from RCW 28B.19.120, open to the Washington State University educational community.
c. During the proceedings, the faculty member shall have the right to have a professional colleague as an academic adviser, and both the faculty member and the institution shall be entitled to legal counsel of their own choice.
d. At the request of either party or the hearing committee, a representative of a responsible educational association shall be permitted to attend the proceedings as an observer; any other particular persons as specified in RCW 28B.19.120 (2) will be permitted to attend only at the discretion of the hearing committee.
e. A hearing record, which may be a tape, and exhibits and other material used during the hearing will be maintained and a copy made available at the expense of the institution. This record will be made available on request to the faculty member, the hearing committee, and the institution on an equitable basis.
f. The hearing committee will grant adjournments to enable either party to investigate evidence concerning which a valid claim of surprise is made. It may grant adjournments whenever in its discretion such adjournment will contribute to its deliberations.
g. The contesting parties in the case will be afforded an opportunity to obtain necessary witnesses and documentary or other evidence. The administration of the institution will, insofar as it is possible for it to do so, secure the cooperation of such witnesses and make available necessary documents and other evidence within its control.
h. The faculty member and representatives of the institution will have the right to confront and cross-examine all witnesses. Subpoena power may be exercised in accordance with RCW 28B.19.130.
i. The hearing committee will not be bound by strict rules of legal evidence but will make every effort to obtain evidence that is of probative value in determining the issues involved.
j. Except for such simple announcements as may be required covering the time of the hearing and similar matters, public statements and publicity about the case by the faculty member, administrative officers, or other participants in the formal hearing will be avoided so far as possible.
5. Findings of Fact, Recommendations, and Sanctions
The findings of fact and the recommendation will be based soley on the hearing record.
b. Sanctions may be imposed only for adequate cause. Adequate cause must be related, directly and substantially, to the standards of performance and conduct for faculty members as defined broadly in the Faculty Code of Professional Ethics and, where possible, as supported by the written reports of the annual performance review. Sanctions or the threat thereof shall not be used to restrain faculty members in their exercise of academic freedom or other rights. "Academic Freedom" does not include the right to remain a faculty member while persistently refusing to perform one's proper function as a faculty member, nor the right to violate the University's rules concerning freedom of expression.
The sanctions available when violations of the Faculty Code of Professional Ethics occur are limited to one of the following:
(l) Warning--Written notice to the faculty member from the Provost and Academic Vice President that the Faculty Code of Professional Ethics has been violated and that continued or additional conduct of similar nature may lead to more severe action. Such warning shall not become part of the faculty member's personnel record.
(2) Censure--Written reprimand from the Provost and Academic Vice President.
(3) Suspension--Any one of, or combination of, the following imposed for disciplinary reasons by order of the Provost and Academic Vice President: temporary release of a faculty member from assigned responsibilities, reduction of assigned responsibilities, reduction or suspension of pay, suspension of an opportunity for a salary increase, or denial or postponement of either a promotion or an opportunity for professional leave. A faculty member may not be suspended except with due process or by a Summary Suspension (page 60).
(4) Dismissal--Termination, for adequate cause, of the employment of a member of the faculty with tenure, or a specialor probationary faculty member before the end of the specified term, or of a faculty member without terminal date and without tenure, which is not in accordance with usual standards for notice.
c. The President, or designee, and the faculty member will be notified in writing of the hearing committee's findings of fact, conclusions, recommended decision and supporting arguments within 30 days of the completion of the hearings.
d. If the hearing committee concludes that adequate cause for sanction has not been established, it will so report to the President. Ordinarily, this will conclude the proceedings. If the President concurs, a statement clearing the faculty member will be prepared by the committee, countersigned by the Provost and Academic Vice President, and made available to the faculty member.
If the hearing committee concludes that sanctions are appropriate, it will recommend such sanctions to the President, and will set forth its supporting reasons.
e. In the event of ultimate dismissal for disciplinary reasons, the hearing committee will recommend to the President a dismissal date and any compensation to be paid beyond the dismissal date.
6. Action by the President
b. If the action of the President is to impose sanctions, the faculty member may request that the record of the case be transmitted to the Board of Regents for review.
c. The record going to the Board of Regents as a minimum will include the statements of charges, the hearing transcript, the recommendation of the hearing committee, the President's objection, if any, to the record, the resubmission reports of the faculty member and the hearing committee, and the statement of the President's action.
7. Action by the Board of Regents
The review by the Board of Regents will be based on the record of the committee hearing and will provide opportunity for argument, oral or written or both, by the principals at the hearing or by their representatives. The decision of the President will either be sustained, or the Board of Regents will return the case to the President with specific written objections.
If it is returned by the Board of Regents, the President may refer it to the hearing committee to reconsider to take into account the stated objections and to receive new evidence if necessary, and to submit a final report to the Board of Regents. If evidence is taken, the faculty member shall have the right to academic due process accorded at earlier stages of the proceedings.
The Board of Regents will make a final decision only after study of the committee's final report, within 60 days of the date of that report, and in accordance with the principles implicit in these procedures, which are designed to protect the rights of the individual as well as the integrity of the University.
Summary suspension is the responsibility of the President. Ordinarily, the disciplinary authority of the University will be invoked only after completion of the procedures established for the review of discipline cases and after the individual has utilized any appeal procedures desired as described in the preceding sections of the disciplinary regulations.
However, in emergency situations, if the safety of one or more individuals is imperiled, property is endangered, or the faculty member's ability to function appears to be substantially impaired, the President or an authorized designee may summarily suspend the faculty member. Salary shall continue during such summary suspension. In all such emergency cases, the faculty member is thereafter entitled to the same due process as provided in the preceding sections on disciplinary matters. There shall be the same need for a Statement of Charges, and the initiating party shall be the Provost and Academic Vice President or his authorized designee.
Informal procedures to be conducted by the Faculty Status Committee must begin within three working days from a summary suspension.
The notice of summary suspension shall be served on the faculty member in person. The notice should indicate that the suspension is for an emergency purpose in accordance with this section. If personal service is not feasible the notice shall be sent by certified mail. If there is to be a restriction on the faculty member's privilege to be present on University property, the faculty member shall be notified of that constraint, such notice not necessarily to be simultaneous with the notice of summary suspension.
Employment may be terminated in any of the following ways:
1. Nonreappointment
2. Resignation
3. Under extraordinary circumstances
4 For cause: violation of the Faculty Code of Professional Ethics
5. For cause: physical or mental health reasons
A faculty member on appointment without terminal date and without tenure should make no presumption of reappointment, including reappointment with tenure. A nonreappointed faculty member will be advised in writing by the department chair as soon as it has been decided that the appointment is not to be renewed. Normally, this decision shall be made by the department chair in consultation with the dean and tenured members of the department involved. This notification will be given to the faculty member as follows: (1) at least three months in advance of the termination of services if he or she is in the first year of employment; (2) at least six months in advance of the termination of services if in the second year of employment; (3) at least twelve months in advance of the termination of services if he or she has been employed by the University for two years or longer. At the request of the faculty member, a written statement of the reason for nonreappointment shall be provided.
Except in extraordinary circumstances, such as financial exigencies or elimination of function, these provisions of notification apply.
A member of the faculty with teaching responsibilities is expected to complete the academic year unless the appointment is for a shorter term. Any member of the faculty with teaching responsibilities who has decided to terminate services with the University is expected to notify the dean in writing at the earliest possible opportunity, but not later than March 15. A faculty member without teaching responsibilities is expected to give at least two months of notice, and principal administrative officers are expected to give at least four months notice of resignation. The faculty member may properly request a waiver of this requirement of notice in case of hardship or in a situation where he or she would otherwise be denied substantial professional advancement or other opportunity.
Unless otherwise mutually agreed, a faculty member who terminates service without giving due notice or who fails to complete an academic year or other term for which he or she may have been employed, except under extraordinary circumstances, is regarded as having broken the terms of the contract of employment with the University.
Breach of contract may place the University in a position of hardship in meeting its responsibilities to its students and services to the state. Such action is regarded also as a breach of professional ethics. A complete account of any irregular resignation may be written into the permanent record of the person concerned.
Termination of a tenured appointment or any other appointment before the end of the period of appointment may be based on financial exigency; discontinuance of a program or department of instruction, research, or service; or chronic medical disability.
A financial exigency exists when the President or his designee, after consultation with the principal administrative officers and with the Faculty Senate Steering Committee, Budget Committee, and Faculty Affairs Committee, has determined and declared that a budgetary crisis, legislative mandate, and/or other causes constitute the exigency, and that determination has the concurrence of the Board of Regents.
Before an appointment is terminated because of the discontinuance of the program of instruction, research, or service, the institution will make an effort to transfer the affected faculty member to a suitable position for which he or she is qualified. If an appointment is terminated before the end of the period of appointment because of financial exigency or because of the discontinuance of a program of instruction, the released faculty member's place will not be filled by a replacement within a period of three years, unless the released faculty member has been offered suitable reappointment and a reasonable time within which to accept or decline it.
Termination may be effective for all faculty, including those on academic-year basis of service, on any day of the calendar year. Tenured faculty members holding annual (twelve-month) appointments shall be entitled to receive at least twelve calendar months' notice in advance of termination for reasons of financial exigency or elimination of function. Tenured faculty members holding academic-year (nine-month) appointments shall be entitled to at least nine calendar months' notice in advance of termination for reasons of financial exigency or elimination of function, provided that the three summer months, not part of the usual academic year (which under the current academic calendar is the period from May 16 to August 15 of each year), shall not be included when computing notice requirements. Nontenured faculty members shall be entitled to minimum advance notice of termination of services for reasons of financial exigency or elimination of function in accordance with the following:
Type of Appointment | Year of Employment | Minumum Advance Notice in
Calendar Months |
|
---|---|---|---|
Annual (twelve-month) | 1 | 3 | |
Annual (twelve-month) | 2 | 6 | |
Annual (twelve-month) | 3 or more | 12 | |
Academic (nine-month) | 1 | 3* | |
Academic (nine-month) | 2 | 6* | |
Academic (nine-month) | 3 or more | 9* |
*Excluding three summer months
Where less than the required notice is given prior to termination, the faculty member shall be entitled to receive at the time of termination one-twelfth of the faculty member's current annual salary, where the appointment is on an annual basis, or one- ninth of the faculty member's current annual salary where the appointment is on an academic-year basis, for each month less than the required notice; provided that the University may, at its option, make regular monthly severance pay payments from the date of termination until the expiration of the appropriate notice period, commencing the date notice of termination is given, unless there is an agreed settlement on or before the termination date of the total amount of severance pay to be paid to the faculty member.
In the event that a faculty member who has received notice of termination for reasons of financial exigency or elimination of function secures new employment prior to the effective date of the termination, he or she shall provide the University with immediate notice, including the effective date of new employment. In these cases, the University shall waive the requirements for resignation notice that would otherwise apply.
This termination under extraordinary circumstances is not a dismissal, but a faculty member shall have the right to have these issues reviewed by the Faculty Status Committee where he or she believes that bona fide financial exigency or elimination of function is in question if the faculty member requests such review within 30 days after receipt of notice of termination. If a review by the Faculty Status Committee is requested, the Committee shall determine its own procedures for hearing the matter, consistent with law, shall conduct its review as expeditiously as possible, and shall report its findings to the President, or designee, and to each faculty member requesting Faculty Status Committee review within 90 days after the request is made. The Committee may elect to count only days of the academic year in the 90 day period. The President shall notify each faculty member requesting the review of the President's decision within 30 days after receiving the report of findings.
See Disciplinary Regulations pages 52-60.
A faculty member may be suspended or his/her appointment terminated when physical or mental conditions result in inadequate performance or disciplinary problems. Normally, solutions to such matters would be resolved through efforts of department chairs and unit heads, deans, appropriate central administrators, and the University Ombudsman. When these efforts do not result in a satisfactory solution, the procedures described below shall be followed.
The informal and formal procedures, if needed, shall parallel the procedures for disciplinary cases, except as follows. A Statement of Inadequate Performance Due to Physical and Mental Health Reasons would replace the Statement of Charges. The Statement of Inadequate Performance Due to Physical and Mental Health Reasons would be in the context of quality of performance due to physical and mental health reasons rather than violations, or if the latter, only incidentally so. Any suspension or termination would be for physical or mental health reasons.
If a formal hearing procedure is necessary, a hearing panel will replace the formal hearing committee. The hearing panel will be chosen by the Faculty Status Committee and will be comprised of three members, at least two of whom will be members of the faculty or University health service chosen with regard to the mental health problems at hand. The charge of the hearing panel is to determine that a physical or mental health problem underlies inadequate performance. The panel may or may not further identify the specific health problem.
The ultimate disposition may be suspension or termination. Such disposition shall not preclude the opportunity for a faculty member to receive salary continuation as provided by the University's insurance program. In cases of suspension there may arise a need for reconsideration if physical and mental evidence warrant. Reconsideration would be at the request of the faculty member or immediate supervisor, no more frequently than once each year and granted at the discretion of the same (if feasible) hearing panel.
In a given health situation, it may be that the need for the special procedure above may not be identified until after various stages of disciplinary procedures have been followed; in that case, in the discretion of the Faculty Status Committee (during informal procedures) or of the hearing committee (during formal procedures), the procedures of this hearing panel may be adopted. At any stage of the procedures whatsoever, the faculty member may ask that the special physical and mental health procedures be considered for adoption.
University retirement plans provide for retirement with full benefits at age 65. Early retirement may occur, with reduced benefits, during any year following age 62.
The University retirement system has been established by the Board of Regents under authority provided by laws of the state of Washington for the purpose of providing retirement incomes and related benefits to employees. (For details on the retirement system, see information available from the Benefit Services and Risk Management Office.)
Any tenured faculty member eligible for retirement under the University's retirement rules who retires prior to age 70 can elect reemployment to his or her program up to 40 percent time until age 70. (Forty percent of full time is the maximum for which the University can pay a retiree from all sources.)
The maximum salary will be calculated as 40 percent of the highest two consecutive years' average. The salary will automatically be increased at such time as across-the- board salary increases are authorized. However, retired faculty are not eligible for merit increases, equity adjustments, or market raises.
In order to be eligible for 40 percent reemployment, the faculty member must make a request by December 1 of the year prior to that in which 40 percent reemployment is sought. After the first year, the retiree must announce by December 1 his or her intent for the following year.
Efforts will be made to accommodate the scheduling demands of retired faculty, but no guarantee of semester or time can be given in advance of the development of the course schedule for the following year. Final course assignments are made at the discretion of the department.
In most cases, reemployment will be for instructional duties only. However, deans, chairs, or other principal administrative officers may work out arrangements with the retired faculty member for special research or administrative duties. Another option is for retired faculty to take their reemployment in the form of research supported by grants and contracts. There is nothing to prevent retired University employees from submitting grant proposals through the Office of Grant and Research Development. In any case, the 40 percent salary limitation applies to all salary payments made through the University.
In order to maintain the right of reemployment, the retired faculty member must be reemployed in each year until he or she wishes to discontinue that arrangement. If a year is missed, it would constitute an end to the contract. However, reemployment can be renewed by mutual consent of the retiree and the University on a year-to-year basis.
The policies applicable to part-time faculty contained in the Faculty Manual apply to reemployed retired faculty members except to the extent inconsistent with their retired status.
Each employee signs an Employee's Withholding Exemption Certificate, Form W-4, as required by the United States Treasury Department, before being placed on the payroll. Ordinarily, a faculty appointee will have received this form, together with a copy of the Faculty Manual and the "Faculty Personnel Questionnaire" prior to the start of employment. The Form W-4 is to be completed, signed, and returned promptly to the Payroll Office. The social security number is a basic identifying number in the Washington State University payroll system and must be shown on the Form W-4 if the employee already has a number. Applications for a social security number may be obtained in the Payroll Office and submitted with the Form W-4; an employee will not be placed on the payroll until a social security number is received by the Payroll Office.
Payment for annual leave for faculty who retire, resign, or terminate their employment and who are entitled to a lump sum payout for accrued annual leave will be paid on the first payroll date following the last day worked. Faculty who retire, resign, or terminate their employment, and who are not entitled to a lump sum payout for accrued annual leave will be maintained on the payroll until the accrued annual leave is exhausted with usual payroll procedures applicable. Academic-year faculty do not earn annual leave.
An employee may sign an authorization in the Payroll Office to have the payroll check sent directly to a bank. If no authorization is signed, the check will be sent to the employee's home address. In either case, the check will be mailed on official University pay dates established in conjunction with the state legislature or by regulation. These dates are listed in the Payroll Documents Calendar issued by the Payroll Office. (Business Policies and Procedures Manual, 55.04) Washington State University is prohibited by law from paying salary in advance.
A permanent cumulative personnel record is maintained in confidential files in the President's Office for each member of the faculty. Each new member of the faculty fills out a Faculty Personnel Questionnaire, thus providing initial information for the file. Material submitted by deans and department chairs, pertinent correspondence, and other information also become part of the cumulative record. Anonymous communications relating to faculty members are not made a part of the personnel files.
Washington State University does not specifically prescribe a minimum workload for each faculty member. A faculty member is, however, expected to provide a minimum of twelve hours of direct instructional services each week of the appointment period unless assigned research, extension, or administrative duties which require a reduction. Such a reduction shall be made in proportion to the amount of time required by these functions. Adjustment of teaching loads because of committee work is expected to be made only if an abnormal amount of time is required by such service. The same regulations apply to the summer session as to the academic year.
The Provost and Academic Vice President administers the policy on workloads and should be consulted concerning any assignments and activities not consistent with the aforementioned policy.
Each member of the faculty is required to prepare a Faculty Activity Report in accordance with current institutional policies. Deans and department chairs are responsible for the accuracy of this report in conformity with the prevailing instructions.
The objective of this policy is to allow full-time permanent employees of Washington State University to take advantage of educational opportunities for both professional and personal fulfillment and development. This policy is consistent with Chapter 82, Laws of 1979 of the State of Washington (RCW 28b.15.535).
1. Faculty, staff, and administrative and professional personnel on permanent, full- time, nine- or twelve-month appointments are eligible.
2. Faculty and administrative and professional personnel on temporary, full-time, nine- or twelve-month appointments are eligible if they submit from their dean or director a written certification of employment for a continuing period of at least three years.
3. Full-time Cooperative Extension and Agricultural Research employees and Nursing faculty stationed off campus may qualify for waiver of tuition, operating, and services and activities fees through other public colleges and universities in the state of Washington. Candidates should apply through the Admissions Offices of the appropriate institutions.
4. Employees who are not eligible for the tuition and fee waiver are: most faculty on courtesy appointment; retired faculty, staff, and administrative and professional personnel; and undergraduate and graduate assistants, associates, or others holding positions with student status. Courtesy military and United States Department of Agriculture/Agricultural Research Service employees stationed on Washington State University campuses are eligible for the fee waiver.
1. Up to six credits in any one semester or four credits in the summer session (including audited course work and courses offered at any of the Washington state University branch campuses, through the Office of Extended University Services, or Washington State University courses offered over the Washington Higher Education Telecommunication System) may be taken by eligible employees under the provisions of this tuition waiver (see below).
2. Eligible employees desiring to take more than six credits in a semester or four credits in the summer will pay regular tuition and fees for all credits over the limit allowed under the fee waiver.
3. Tuition-exempt employees will be admitted to classes when space and facilities are available; i.e., in cases requiring limitations of class size, tuition-exempt employees will have lowest priority.
4. Tuition-exempt employees will have the responsibility for paying a non- refundable $5.00 registration fee, plus any special course fees (e.g., laboratory, late registration, etc.).
5. Tuition-exempt employees are not eligible for student benefits under this program.
The tuition waiver system applies to all courses except internships and courses numbered 499, 600, 700, 702, 800 and those designated as supplemental or self- sustaining, whether or not the course work is job-oriented.
1. Authorization for the full-time employee to take classes must be given by the immediate supervisor and/or the head of the department or unit. The appropriate personnel officer from Human Resources Services (French Administration Building 134) must determine the employee's eligibility to take classes and sign the authorization form.
2. At the discretion of the employer, a full-time employee authorized to take a class which is job-related may or may not be required to make up the time.
3. When a full-time employee is authorized to take a class which is not job-related, the supervisor should arrange, in a cooperative effort, for the employee to make up work normally done during the employee's absence to attend class.
4. The employee should provide a copy of his/her class schedule to the supervisor so arrangements can be made to maintain the employee's work responsibilities while he/she is attending class.
In special circumstances faculty members may pursue programs of study leading to advanced degrees at Washington State University. Requests to do so are considered on a case-by-case basis by the Dean of the Graduate School and the Graduate Studies Committee. Approval is subject to all rules and regulations of the Graduate School and requires the concurrence of the Graduate Studies Committee. Review of applications will include consideration of factors such as:
l. Abstention from service on the Washington State University Faculty Senate, Graduate Studies Committee, and Research and Arts Committee;
2. Avoidance of situations which may constitute a conflict of interest;
3. Impact upon the unit in which a faculty member is appointed;
4. Preparation in advance of admission of a general program of study with a stated timeline and;
5. Abstention from pursuit of degrees in units which are administratively related to the faculty member's unit.
Members of the faculty are encouraged to participate in research. Two general classifications of research are recognized:
1. Directed research, i.e., projects undertaken by the principal organized research units. Members of the staffs involved function under the policies of these units.
2. Nondirected research, i.e., investigations initiated and undertaken voluntarily by individuals or groups of individuals. Support of these investigations must be approved by the administrative officers concerned, but the investigations are determined by the investigators themselves.
Members of the faculty in all units are eligible to apply for grants-in-aid, available from general funds allocated by the Board of Regents to encourage and facilitate initiation of research projects.
Application for research assistance should be made on forms available from the Office of Grant and Research Development. Proposals are evaluated by the Grants-in-Aid Subcommittees of the Research and Arts Committee. Money may be requested for:
1. Salaries of research assistants.
2. Wages for technical, clerical, or other assistance.
3. Travel expenses relating to the research project.
4. Research equipment and supplies not obtainable from departmental funds.
5. Other necessary items.
Assistance may be asked for research carried out at any library, in any laboratory, or in the field. Personal compensation to the applicant faculty member is a matter of regular salary consideration and may not be paid out of these research funds. Awards are made by the Dean of the Graduate School on the recommendation of the subcommittees and after consultation with the Research and Arts Committee.
Reports on progress made during the period of the grant are to be submitted to the Research and Arts Committee by individuals to whom grants are made. Each publi- cation of research done under an institutional grant is to include an acknowledgment as instructed in the letter of award.
The University encourages individual investigators, departments, and other units to seek financial support for research and other scholarly and creative activities from sources outside the funds ordinarily available to the Board of Regents. Numerous organizations, governmental units, and other agencies offer support for research programs. Demonstrated ability and recognized professional standing of an individual or group constitute the most important means of attracting financial assistance.
Policies and procedures relative to projects supported by outside agencies have been established. A copy of these policies is included in Business Policies and Procedures Manual, distributed by the Vice President--Business and Finance. All proposals for research, academic, scholarly, creative, instructional, extension, and service activities require approval of the chair of the department, the dean of the college, and the Dean of the Graduate School, to whom the authority has been delegated for giving final University approval to all such proposals. Aid in the preparation of proposals to external agencies is available through the Office of Grant and Research Development. Before an application is forwarded to an external agency, this office is responsible to ensure approval of all concerned units.
Acceptance of any grant, gift, or contract resulting from such proposals must be approved and confirmed in writing by the Vice President--Business and Finance, and copies of all pertinent documents must be deposited with this officer and the dean concerned.
Washington State University encourages worthwhile professional outside services by faculty.
Full-time faculty members are compensated for full-time service to the University in instruction, research, public service, extension, or combinations of these responsibilities. The University expects that each full-time faculty member will assume a proper share of the functions and responsibilities of the department, college, or other equivalent administrative unit, and the University.
University employees, as consultants, can be valuable resources to government, industry, and public and private organizations. The University encourages consulting which does not interfere with the employee's performance of University duties and when no conflict of interest exists. Under certain circumstances and within certain limits, a faculty member may engage for compensation in outside professional service work beyond the scope of prescribed duties.
The following guidelines are intended to provide for certain employees to engage in a limited amount of outside work for pay and to protect the integrity of the employee- public university work relationship.
l. Outside Work. Outside work, which must be consistent with the University's mission and enhance the faculty member's professional development, includes consulting, advising, research, demonstrating, or teaching for others in areas of professional competence for which the person is employed by Washington State University. Not included is appearance on the program of a scientific or scholarly meeting attended mainly by professional peers or outside profit-making business activities engaged in for personal monetary gain. (Some such activities are covered in the section "Extended Professional Activities," which follows.)
2. Non-Interference with Professional Duties. Outside work must not interfere with a faculty member's normal official University duties, including those non-classroom responsibilities expected of all faculty members.
3. Remuneration. Compensation for outside work includes salaries, fees, honoraria or gifts beyond actual expenses. No compensation may be accepted by faculty members for tutoring students in courses they teach.
4. Solicitation. Attempts to arrange outside work must be consistent with state law (RCW 42.18 passim, especially 42.18.200 through 42.18.217.)
5. Limit and Approval. The University values faculty-student exchanges and high quality of performance of duties. Therefore, without special consent of the dean or other comparable unit administrator, and of the Provost and Academic Vice President, on recommendation of the department chair, full-time faculty must not spend more than the equivalent of one day per week on the average over an academic year in outside work. All outside work must be disclosed promptly and reported annually by the faculty member to the department chair or comparable unit administrator. Such work by a department chair or dean must be reported to the Provost and Academic Vice President and Provost. These provisions do not apply to full-time faculty on nine- month appointments outside periods of obligated service.
Part-time faculty members may be self-employed or may accept additional employment outside the University up to a level corresponding to a full-time position.
The department chair, or other comparable unit administrator, must determine whether outside professionally related service activities by an employee are interfering with official University duties in each specific case. If, contrary to expectation, such activities prove in the judgment of the department chair or comparable unit administrator to interfere with prescribed standard University duties and obligations, the faculty member must either seek an acceptable revision of outside work activities or apply for a partial or full leave of absence. A faculty member deemed not to be meeting University obligations will be dealt with as provided in the Faculty Manual.
6. Use of Facilities. University facilities (equipment, materials, space, or clerical service) may not be used without approval in connection with compensated outside professionally related service work. Fees for such use may be determined by the department chair, dean, or comparable unit administrator in charge, and in the event that campus-level facilities are involved, with approval of the President or of the Provost and Academic Vice President acting for the President. The fee schedule must be filed with the Controller, and the faculty member authorized to use such facilities is responsible to the University for payment of such fees.
7. Responsibility. The University assumes no responsibility for the competence or performance of a faculty member who engages in outside work for compensation. No such responsibility may be implied in any advertising or contractual documents. University stationery may be used only for official University business.
The policies and procedures of WSU should allow the expertise of University faculty and staff to be available to society without interfering with University programs or academic freedom, and without leading to conflict of interest.
A University employee's commercial involvements may at times go beyond ordinary relationships arising from normal duties, professional affiliations, and consulting agreements and thus may not be covered by WSU policies on extra compensation, patents, and copyrights. These extended involvements also raise the possibility of: conflicts of interest, constraints on the free exchange of information, or excessive diversion from the employee's primary responsibilities to the University. The following policy and procedures for disclosure and approval of extended professional activities apply to extended involvement and permit supervisors flexibility for dealing with unusual situations.
As used in this section, the word "supervisor" means: for faculty who are not administrators, Chair and Dean or Director; for Chairs, Dean or Director; for Deans, Directors, and Vice Provosts, the Provost; for Vice Presidents and the Provost, the President; for staff, the unit head (Chair, Dean, Director, Vice President, Provost, or President). Supervisors bear responsibility for approval of activities under this section. However, as part of the approval process, supervisors should review their actions with the Provost.
1. Activities for which approval shall be obtained under this policy include:
b. Holding a line management position in such a commercial enterprise;
c. Participation in the day-to-day operations of such a commercial enterprise;
d. Assumption of an important continuing role in the scientific or technical aspects of such a commercial enterprise;
e. Transfer, for personal gain, to a commercial enterprise of nonpatented technology or potentially marketable information developed in University research programs.
2. Activities for which approval need not be obtained under this policy include:
b. Uncompensated service on boards of directors and, in some instances, compensated service on company boards when this service does not conflict with the employee's University obligations;
c. Ownership of or equity in a corporation used solely for the employee's consulting as reported under the policy on extra compensation.
The supervisor may determine that outside activities of certain temporary or part- time employees do not conflict with the University position and therefore exempt them from the requirements of this section.
3. Requests for approval of such commercial involvements must disclose:
b. Short- and long-term commitment of time and effort;
c. Financial aspects, including extent of compensation, equity, indirect or potential economic value;
d. Expected benefits to the commercial entity;
e. Expected benefits to the employee and to the University.
4. Supervisors should consider the following factors for acceptability of such requests:
b. The relationship should not interfere with the employee's primary obligations to the University, nor should it detract from the integrity of the University; in particular, there should be no conflict of interest as defined in RCW 42.18;
c. The employee's total time commitment during periods of obligated service, averaged over the term, to commercial involvements and outside work of all kinds should not exceed one day a week;
d. There must be no anticipated distortion of academic programs or direction of students, the protection of whose intellectual property should receive special attention;
e. There must be free access to the results of all research conducted at the University;
f. With rare exceptions, holding a line management position or participating in day-to-day operations in a commercial entity should not be approved for full- time employees; employees may engage in such activities if their appointments to the University are at an appropriate level less than full time;
g. If the applicant for approval is a department chair, the request should be consistent with department goals, as the supervisor should determine by consulting representative members of the department.
5. The information disclosed by the employee and a record of the supervisor's action on the employee's request shall be transmitted to the Provost and placed in the employee's file where it will be protected from public disclosure to the extent permitted by law. Moreover, the supervisor shall not disclose financial aspects of the request except to his or her own supervisors.
Negative decisions by the supervisors may be appealed to the Provost. When this occurs, the Provost shall establish a suitable review process in consultation with the Faculty Status Committee. The appeal shall be filed within fifteen days of the decision and the Provost shall reply within thirty days after receiving the appeal.
l. By November 1, each employee who in the preceding year has had commercial involvements in areas related to his or her University responsibilities, approved under the provisions of this section, shall submit a summary of those activities to the approving supervisor(s), with a copy to the Provost. Review may result in revision of activities based on apparent or emerging conflicts with University policy.
2. Before the end of each fall semester, the Deans, Directors, and Vice Presidents shall review employee commercial involvements, as treated in this section and reported under point l, and prepare an evaluative report for the President.
3. The summaries and reports required in items 1 and 2 may be combined with those prescribed for outside consulting.
(Business Policies and Procedures Manual, 60.44)
The name, Washington State University, is the exclusive property of the institution and, consequently, should not be used in support of claims or advertisements by any outside organization without permission of the President. Research grants from commercial concerns are given in accordance with a memorandum of understanding which states that the name of the University or any of its departments shall not be used in connection with advertising except by permission.
Faculty members publish a considerable number of reports in the form of bulletins, circulars, scientific articles, monographs, and books, some of which are copyrighted and others of which are not. Material from such recognized publications is, of course, quotable, and proper recognition should be given both to the individual author and to the institution in connection with quotations.
University stationery may be used only for official University business. No report or statement relating to private consulting or other services may use the name of Washington State University or be attributed to it. The use of official titles for personal gain or publicity is not appropriate procedure.
(Business Policies and Procedures Manual, 60.44)
Faculty members may utilize the services of the secretarial staff of their respective departments to assist in the preparation of professional articles, papers, reviews, etc., if such publications are not for profit by the individual faculty member. In the case of a textbook, laboratory manual, syllabus, or other publication for which the faculty member may receive financial compensation, the cost of preparation must be borne entirely by the individual author. (Business Policies and Procedures Manual, 35.35)
The University patent policy is intended to encourage a healthy atmosphere conducive to research and development through a generous system of rewards and incentives for the creation of intellectual property while at the same time giving proper consideration to the responsibilities this University has as a public land grant university.
The strength of the University lies in its employees. The University's policies can provide invaluable assistance in bringing employee ideas to development and fruition within a framework of mutual trust and collegiality.
This policy is intended to spell out the responsibilities of the University and its employees and establish a framework for ethical conduct. While employees are encouraged to consider the potential market value of their inventions, they shall not be held liable for failing to recognize a potentially patentable invention.
Employees of Washington State University may create patentable discoveries. It is desirable in some cases to seek patent protection for these works and discoveries. Licensing the use of the property provides an opportunity for both income to the inventor and support for further University research.
This patent policy applies to all University employees. For the purposes of this policy, "employee" shall be defined as any person receiving compensation for service, or any person volunteering services for the benefit of the University. The uncompensated activities of students in furtherance of their educations shall not be considered service which benefits the University within the meaning of this policy.
All employees accept the terms of this policy as conditions of employment. It shall be the responsibility of all immediate supervisors to advise employees of this condition of employment at the time of employment. In addition, each employee shall agree that this policy may be modified by the administration with approval from the Board of Regents after consulting with faculty and staff of the University.
The Intellectual Property Committee serves as an advisory committee to the President on all University patent, copyright, trademark, and related matters. The committee's responsibilities include the review of patent, copyright, trademark issues affecting the University, determination of the ownership of intellectual property, review of the relationships between the University and Washington State University Research Foundation (WSURF) and other management agents, recommendations to WSURF regarding assignment of inventions to appropriate development organizations, review of licensing policies and agreements, recommendation of policies for the allocation of revenues, and review or development of policy recommendations pertaining to intellectual property.
All matters regarding specific intellectual property coming before the Committee shall be held confidential by all members of the Committee.
The composition and tenure of the Intellectual Property Committee shall be:
l. Six faculty with three-year terms, appointed by the President, with nominations submitted by the Washington State University Faculty Senate Committee on Committees. One of these is appointed chair by the President.
2. Two Deans/Associate Deans of the colleges for three-year terms.
3. One member of the administrative and professional personnel or staff, with a three-year term.
4. Vice Provost for Research, who serves as secretary; Assistant Vice President-- Finance; Director, Intellectual Property Administration; and a representative of the Office of Grand Research Development.
Scope of Policy
This policy applies to potentially patentable discoveries and trade secrets which are developed using Washington State University equipment, supplies, facilities, employee time, or trade secret information, or which relate directly to the University's business, research, or development. The University will hold ownership in patents and other non-patentable intellectual products, except those covered by copyright policy, developed by its employees as a result of their research or employment. The University does not claim rights in inventions for which no equipment, supplies, facilities or trade secret information was used and which was developed entirely on the employee's own time, unless the invention grows directly out of the business of the University or of the University's actual or demonstrably anticipated research or development or unless the invention results from work performed by the employee for the University.
Sponsored Research
Where research has been sponsored by private industry or foundations, licensing of patents shall be negotiated between the sponsor and the University or its agent where appropriate. The University will strive to protect the financial interests of all and ensure that the University retains the traditions of self-governance and academic freedom. The University, on behalf of its constituent colleges, schools, or departments, will not accept grants or enter into agreements for the support of instruction or research that confer upon an external party the power to censor, unduly delay, or exercise effective veto power over either the content of instruction or the publication of research. Publication of research findings may be temporarily delayed in order to protect patent rights or permit the research sponsor to review the proposed publication for the sole purpose of identifying proprietary information furnished by or belonging to the sponsor.
The University normally retains ownership of property developed under sponsorship agreements and will negotiate rights to license the property. The proprietary rights of the University and of the University's employees shall be subject to the agreement between the sponsor and the University. Agreements with outside sponsors shall be approved by the Provost, Vice President--Business and Finance, and Vice Provost for Research or their designees.
Disclosure of Potentially Patentable Discoveries
For the protection of the employee's interests, each employee shall disclose to the Intellectual Property Committee, at the time of employment, all inventions developed or being developed by the employee, for the purpose of establishing his or her ownership rights to developments made prior to employment by the University. In order to determine the rights of employees and the University, employees shall disclose all potentially patentable inventions and discoveries developed while employed at WSU to the Intellectual Property Committee for review. The Director of Patents, Copyrights and Trademarks will provide assistance in filling out forms for disclosure.
Unless otherwise agreed with an outside sponsor, the University shall own the rights to all patentable property developed as a result of University employment. Discoveries are developed as a result of University employment when the equipment, supplies, facilities, employee time or trade secret information of the University are used, or where the invention is a direct outgrowth of the University's business or University research and development.
Determination of Ownership
The Intellectual Property Committee will determine whether the potentially patentable property is owned by the University, by the employee, jointly by the University and the employee, or by an outside sponsor.
Under the federal patent and trademark legislation of 1980 (35 U.S.C. 200 et seq.), the University has the right of first refusal to title in inventions made in the performance of federal grants and contracts. The University will assert title to and attempt to license inventions made with federal government funds so that the Congressional purpose of fostering the development of industry in the United States will be furthered.
Patentable inventions not subject to a sponsorship agreement or University ownership under the preceding paragraph may be determined by the Intellectual Property Committee to be the employee's property. If the employee is determined to be the owner, the University will, on demand from the employee, issue a waiver of the University's rights.
The Committee may determine that the employee is a partial owner of the intellectual property with the University in cases where it would be unfair to determine that the property is wholly owned by either the University or the employee. In such cases the Committee shall establish respective percentages of ownership. If the Committee deems it to be in the best interests of the University to release its rights to the invention, it may do so. The Committee may place conditions on the release including a lump sum payment, a portion of the royalties, or other consideration to compensate for the use of facilities and materials.
The procedure for determination of ownership shall be as follows. The Intellectual Property Committee shall make its determination of ownership, or request additional time, within 45 days of full disclosure. If the Intellectual Property Committee asks for additional time, it must, in any event, make its determination within 35 days of its request for additional time. The employee will be notified of the decision of the Committee within 5 days of the Committee's determination. The employee shall have 30 days from the date of the mailing of the notice to appeal the Committee's decision. The appeal shall be heard by the Provost and Academic Vice President or his designee within 20 days of the notice of the appeal. The decision on appeal shall be issued within 30 days of the deadline for submitting materials. If the Intellectual Property Committee fails to notify the employee in writing of determination of ownership within 50 days of full disclosure or 80 days if additional time is requested, then the University's rights in the patentable property shall automatically become the property of the employee. Following this internal appeal process, the employee has recourse to settlement in the civil courts.
Duty to Assign and Cooperate
After the determination by the Intellectual Property Committee and exhaustion of the employee's right of internal and external appeal, the employee shall execute documents of assignment to convey to the University, or is assignee, all of the employee's interest in the invention determined to be owned by the University and assist in obtaining, protecting, and maintaining patent rights.
When discoveries are determined to be owned in part by the University and in part by the employee, the University and the employee may negotiate an agreement apportioning rights to the property. However, on failure of the parties to reach an agreement, the following provisions shall apply: the property shall be assigned to the Washington State University Research Foundation or its assignee, and the royalties shall be divided between the University and the employee according to the Committee's determination of the percentage of ownership. The portion of royalties due to the University shall be divided according to the section on royalties below. The portion of royalties due to the employee shall be distributed to the employee free of the provisions of this policy, but shall be subject to WSURF administrative costs.
Publication and Disclosure to Third Parties
Premature publication, public use, or disclosure of an invention can sometimes jeopardize the rights of the employee, or the University or its assignee to secure patent protection. Therefore, unless the Intellectual Property Committee has issued a waiver of University rights, the employee agrees that there shall be no publicity or disclosure concerning the invention until patent applications have been filed. Once an invention is identified as potentially patentable, all publicity, public reports, interviews, news releases, speeches, public disclosures or public demonstrations of the invention subsequent to the filing of the application shall have prior clearance in writing from the University or its assignee.
This section shall not be applicable to sponsorship agreements that impose different obligations on disclosure.
Management Patterns
Patents shall be assigned to and managed by the Washington State University Research Foundation. See below.
Royalties
In adopting this policy statement the Washington State University Board of Regents recommended and the Board of Directors of the Washington State University Research Foundation adopted the following policy for distribution of royalties from patents:
Following the filing of a patent application on a particular invention which has been determined to be University property, the inventor will receive a $500 payment from the WSURF. If the invention is determined to be owned jointly by the employee and the University or by the employee, the University, and one or more external agencies, unless the parties agree otherwise, the inventor shall receive a sum equal to $500 multiplied by the percentage of the University's interest. Where several employees are responsible for the invention, the payment shall be shared among the coinventors.
Net royalty income received by WSURF shall be defined as one or the other of the following: (1) in the case of property administered by an agency other than the WSURF (such as the Battelle Development Corporation, Research Corporation, or Washington Research Foundation), the sum received that is subject to this policy less a 5% administrative charge to be retained by WSURF; or (2) in the case of property administered by WSURF, the amount received that is subject to this policy less a 40% administrative charge to be retained by WSURF.
Net royalty income received by WSURF shall be distributed according to the following schedule:
Cumulative Net Income | Inventor | WSU Research Foundation | Unit (e.g., Department) |
|
---|---|---|---|---|
$1 - $10,000 | 100% | 0% | 0% | |
$10,001 - $40,000 | 50% | 20% | 30% | |
Above $40,000 | 30% | 35% | 35% |
In the case of multiple inventors, the cumulative net royalty income shall be distributed equally among them unless their initial disclosure specified an unequal distribution.
Royalty income allocated to inventors goes directly to them as personal income.
The Washington State University Research Foundation as Assignee and Patent Agent
Following review by the Intellectual Property Committee, the University will assign its interests in all patents and other intellectual property to the Washington State University Research Foundation for development. The assignment will take place under the agreement between the University and the WSURF. If the WSU/WSURF agreement is terminated, the University shall select a managing agent and execute the proper assignments to the agent.
Copies of the agreement between the University and the WSURF may be obtained from the Director of Patents, Copyrights and Trademarks.
Nothing in this policy shall be construed as abridging a faculty member's academic freedom in the classroom.
The University encourages the publication of scholarly works as an inherent part of its educational mission. In this connection, it acknowledges the right of faculty, staff, and students to prepare and publish, through individual initiative, articles, pamphlets, books, and other materials that are copyrighted by the authors or their publishers and that may generate royalty income for the authors.
The following statement of University policy on ownership and use of copyrightable materials is provided to clarify the respective rights and responsibilities of individuals and the University in this important area. The policy will be administered by the University's Intellectual Property Committee.
University faculty, staff, and students retain all rights in copyrightable materials they create, except when the following special circumstances or contractual arrangements prevail:
l. There exist grant or contract limitations;
2. The work is commissioned by the University;
3. The creation of the work involves significant use of University personnel, funds, or facilities;
4. The work is patentable and the University may assert ownership under its patent policy;
5. There exists an agreement in writing to the contrary between the University and the creator of the work.
Interpretations and implementation of the University's copyright policy shall be in accordance with the following principles.
l. Grant and Contract Obligations. The University shall have the right to perform its obligations with respect to copyrightable works, data, prototypes, and other intellectual property under any contract, grant, or other arrangement with third parties, including sponsored research agreements, license agreements, and the like. Such arrangements may require, for example, that ownership vest in the sponsor, or that the material be published without copyright.
2. University-initiated or -directed Work. The University may assert ownership rights in all cases in which the work is initiated or directed by the University (or one of its colleges, schools, departments, or other units). Normally work developed as a part of the author's regularly compensated duties (for example, work resulting from released-time arrangements for faculty or assigned tasks for staff members) will belong to the University. However, "University-initiated or -directed" specifically does not refer to a faculty member's general obligation to produce scholarly works.
In the case of works created by nonemployees, the copyright may vest with either the University or the contractor, depending on the terms of the agreement negotiated with the contractor. University personnel shall therefore generally require contractors to agree in writing that ownership shall vest in, or be assigned to, the University. Units wishing to utilize nonemployees are encouraged to consult the Director of Patents, Copyrights and Trademarks concerning the treatment of copyrights.
3. Significant Use of the University Resources. It is the University's responsibility to protect the interests of the state of Washington. Uncompensated use of state resources in significant amounts by University employees for personal purposes is prohibited. However, the University will not construe the provision of office, library, laboratory, or computation facilities per se as constituting significant use of space or facilities, nor will it construe the payment of salary per se as constituting significant use of funds.
Whether the creation of a work has involved significant use of University personnel, funds, or facilities (e.g., clerical services, office supplies, or computer time) shall be determined by the head of the author's administrative unit (e.g., the department chair). Administrative heads are referred to section 35.35.1 of the Business Policies and Procedures Manual of the University concerning the definition of significant use. (Note: This section of the Business Policies and Procedures Manual will be rewritten to conform with the present policy, particularly in areas pertaining to the distribution of royalty income.) They are encouraged to consult the Director of Patents, Copyrights and Trademarks for any needed clarification. It is the author's responsibility to inform the head of his or her administrative unit of any unit resources used in the creation of a work, and the administrative head's responsibility to inform the author of what constitutes significant use of those resources. When use is significant, the University may assert ownership rights. (This may entail, for example, reimbursement for use of facilities or a percentage of royalties. Normally the University will release rights when compensated.)
Materials developed by faculty members for courses may be used by them in the preparation of textbooks or other works. Under this policy the resulting works are the property of the faculty members, notwithstanding the fact that University facilities may have been used in the preparation of the course materials.
Determination of when use of University resources is significant is a matter of judgment that must be based on: practices in particular disciplines, schools, or departments; the degree of pressure for other uses of any scarce resources involved; and the general context. However, the University does not intend to hamper the free exercise of individual initiative and creativity in cases where the University does not incur significant real costs as a result of such work.
4. Patentable Works. Some works, particularly certain types of computer programs, may qualify for patent as well as copyright protection. An author, upon recognizing that one of his or her works is of this kind, is responsible for disclosing it to the Intellectual Property Committee for a determination of (i) ownership and (ii) whether the University wishes to seek patent protection should ownership be vested in the University. These determinations will be made by the Intellectual Property Committee following the procedures set out in the University's patent policy. If ownership of such a work is vested in the University under the patent policy, but the University decides not to patent the work, ownership and disposition of the work is then determined in accordance with this copyright policy.
5. Written Agreements. It is desirable to reach agreement in writing as to the rights of the University and of participants in a creative effort before work begins whenever (i) there is a question as to whether ownership of the materials created will lodge with the University or with the author(s), (ii) it is likely that the creation of the work will result in significant use of University facilities, or (iii) copyrightable materials are likely to result from the joint efforts of persons in academic departments and University service departments.
l. Determination of Policy and Ownership in Unclear Cases. Such determinations will be made in the University's Intellectual Property Committee and will follow the guidelines set out in the University's patent policy. Either the University or the author may initiate this review.
2. Marketing of Materials Owned by WSU. Please see section 35.35.1 of the University's Business Policies and Procedures Manual. (Note: This section of the Business Policies and Procedures Manual will be rewritten to conform with the present document, particularly in areas pertaining to the distribution of royalty income and the determination of ownership.)
3. Distribution of Royalties. See the following section of this document.
4. General Advice and Assistance. Contact the Director of Patents, Copyrights and Trademarks in the Patents, Copyrights and Trademarks Office, Research and Technology Park, zip 1802, telephone 335-2202.
When ownership of a work is vested in the University, the royalty income generated by the work shall be distributed according to the following schedule:
Cumulative Net Income | Author | WSU Research Foundation | Unit (e.g., Department) |
|
---|---|---|---|---|
$1 - $10,000 | 100% | 0% | 0% | |
$10,001 - $40,000 | 50% | 20% | 30% | |
Above $40,000 | 30% | 35% | 35% |
In the case of multiple authors, the cumulative net royalty income shall be distributed equally among them unless their initial disclosure specified an unequal distribution.
Royalty income allocated to authors goes to them directly as personal income.
Net royalty income to the Washington State University Research Foundation (WSURF) from patents, copyrights, and other intellectual properties administered by such agencies as Battelle Development Corporation, Research Corporation, or Washington Research Foundation, etc., or by WSURF itself, is defined as the sum received less a five percent administrative charge to be retained by WSURF.
Nothing in this policy shall be construed as abridging a faculty member's academic freedom in the classroom.
Washington State University may transmit or reproduce by television, radio, or other means, for local or general distribution, news and general information programs prepared by Washington State University on which faculty members have appeared. The negotiation of a contractual agreement between the responsible faculty member(s) and the University is handled through the Provost and Academic Vice President. (For details on these policies and procedures, see information available from the Provost and Academic Vice President.)
Nothing in this policy shall be construed as abridging a faculty member's academic freedom in the classroom.
Faculty members should be aware that they and/or the University may be held liable in the event of copyright or defamation actions.
Authorized travel by University employees is subject to state regulations and to such budgetary and travel regulations as are established by the University, as well as by certain units thereof. Expense of travel not within the scope of these regulations will not be reimbursed from University funds nor from any funds administered by it. For purposes of these regulations, "In-state travel" includes only travel within the state of Washington.
Travel authorization forms should be submitted to the principal administrative officer via channels established by the respective units for the contemplated travel by all employees.
(Business Policies and Procedures Manual, Chapter 95)
It is occasionally important that potential faculty members be invited to the campus for interviews. A recommendation for each such visit is to be submitted to the principal administrative officer on the Personal Professional Service Request form. Following approval of this recommendation, the invitation to come to the campus should be sent by the department chair, dean, or director concerned. It should include a statement that travel expenses will be reimbursed at a rate not to exceed round-trip, tourist air fare.
(Business Policies and Procedures Manual, Chapter 95)
The University provides group medical insurance programs, a salary continuation insurance program, and a life and accidental death and dismemberment program. All full-time employees, as well as part-time employees working at least 20 hours per week in a regular position eligible for the retirement program, may participate. The industrial insurance and medical aid programs of the state cover every employee. (Consult the Benefit Services and Risk Management Office for details of these programs.)
The University carries a form of liability insurance which covers the liability of each individual faculty member acting within the scope of his or her duty while representing Washington State University, except for actions involving their individual automotive vehicles; limited libel, slander, false arrest, and malicious prosecution; and for actions one against another. This statement is for information purposes; the policy provisions apply in each case. (Consult the Benefit Services and Risk Management Office for policy provisions.)
POLICIES AND PROCEDURES ON TEMPORARY FACULTY
Washington State University employs a limited number of temporary faculty. In no instance should temporary employment be used to jeopardize WSU's commitment to equal opportunity in employment and affirmative action.
Temporary faculty appointments may be divided into two categories: (l) terminal appointments with specific end dates determined by the nature of the assigned task, funds or contracts; and (2) contingency appointments, with end dates, in which continued employment is determined by specific contingencies.
Terminal appointments end on specific dates. Reappointment is dependent upon renewal of funding or contracts, or extension of the assigned tasks, and positive action taken to reappoint the incumbent. The offer of such a position implies no obligation on the part of the University to continue employment beyond the termination date of the temporary appointment.
Types of terminal appointments are contracts for a specified period, teaching positions to cover unexpected enrollments in courses, visiting faculty appointments, grant-funded positions, summer appointments, courtesy and non-service appointments, appointments to teach courses offered through Extended University Services, exchange faculty appointments, appointments of persons who have not attained permanent visas or citizenship, research associate positions, internships, and positions occurring because of permanent employees' leaves or separations.
In addition to termination dates, hiring actions for contingency appointments include a statement that continuing employment is contingent upon specific qualifications. If the contingency specifies a date by which some action must be complete and if the specifications are not met, the University has no obligation to the employee beyond the contingency date. Employees hired on one- to three-year contracts are in this category, as are employees holding temporary visas who will become eligible for permanent positions upon requisite changes in immigration status. Adjunct appointees who hold Graduate Faculty status do so at the discretion of a graduate department or program and their continued appointment is contingent upon departmental approval.
Information regarding recruitment, including special circumstances for grant employees, periodic advertisement to establish temporary applicant pools, and details regarding adjunct and visiting appointments may be found in the Business Policies and Procedures Manual, 60.42 and/or the Office of Affirmative Action's Recruitment Manual, pp. 2 & 4.
As in the case of permanent faculty positions, temporary positions must be established prior to advertisement or personnel reclassification. To establish a temporary position, a memo of request, position action, and a job description is addressed to the Provost and Academic Vice Provost and routed through the normal administrative channels to the Budget Office and Affirmative Action Office. The responsibility for final decisions about faculty positions resides with the Provost and Academic Vice President and no action on those positions may be taken without the approval of that office or the appropriate designee.
Periods of appointment will vary depending upon the particular situation. Temporary academic (9-month) appointments usually occur within the August 16th through May 15th academic year. If the appointment occurs between the period May 16 through August 15th, it is called a summer appointment unless the employee is involved in instructional duties, in which case it is called a summer session appointment. All summer appointments and summer session appointments are temporary. Annual (12- month) appointments are differentiated from academic appointments in that they occur during the period July 1st through June 30th or any portion of that period and are usually non-instructional positions. Only annual appointees accrue annual leave. Those appointed with temporary research titles may be appointed at any time for any period up to two years.
Relocation expenses for temporary faculty are not allowable on state funds by state law. If the hire includes moving on other than state funds, a statement must be included on the Personnel Action form and the necessary departmental requisition sent to Purchasing. The employee may not set up his/her own move. Further information maybe obtained from the Purchasing Office.
Faculty hired on a contingency basis may be granted permanency if they meet certain criteria such as completion of a terminal degree. These temporary appointments may be established for up to three years. Understandings of this nature must be written into the comments sections of the Personnel Action forms and permanent positions must be identified at the time such agreements are made. A statement must be made on the Personnel Action form if the time spent in the temporary appointment is to be credited toward tenure eligibility.
In the case of foreign temporary appointees, a statement that the appointee will be eligible for consideration for permanent appointment with requisite changes to his/her immigration status and identification of a permanent position should accompany the initial appointment. Such faculty may be appointed to three-year terms.
Existing faculty titles and codes shall be provided by the Office of the Human Resource Services upon request by any faculty member. Each temporary appointment should be established using the appropriate temporary title. A faculty title preceded by the term "adjunct" is used (1) to indicate an unpaid appointment for a faculty member from another Washington State University department, or (2) an appointment for a person whose salary is paid by an external agency, such as USDA, ARS, ROTC, or another institution. Temporary faculty paid by Washington State University who hold appointments at another institution are given titles preceded by the term "Visiting." The term "courtesy appointment" is not used at Washington State University.
The title "Lecturer" should be used for short term teaching contracts where no indication of rank is intended. Lecturer applies to all levels of expertise. The title "Lecturer" implies the appointment is non-permanent and non-tenure track in nature. The title "Instructor" connotes an entry level faculty position and does not demand a terminal degree but is considered Resident Instructional Staff.
Postdoctoral associates, postdoctoral fellows, postdoctoral trainees, associates in ( ) or assistants to ( ) will carry insurance, health, and other faculty benefits and leave eligibility as specified for all temporary faculty. Such appointees do not have voting rights in faculty meetings. They are subject to annual review by their supervisors. Salaries for temporary research title faculty are negotiable, but normally should fully reflect the individual's educational attainment. Postdoctoral appointees must have a doctoral degree, whereas associate in ( ), and assistant to ( ) positions require a Bachelor's degree. Use of extramural research funds to pay salaries in these categories is encouraged, subject to the usual administrative approval.
The Office of International
Education should be contacted before the appointment of
any Staff Scientist. Staff Scientists may be hired on
permanent positions which do not have a permanent source
of funds. These positions are established without a
termination date and may be funded from several sources
over an indefinite number of years. Other courtesy
appointments and titles may be established in addition to
"Staff Scientist" if a more prestigious or
descriptive title is appropriate; however, the appointee
will be paid as a Staff Scientist. Staff Scientists are
to be reviewed during each third year of employment and
Staff Scientist positions are to be reconsidered at the
end of each three years. The original hiring documents
will state that the employee is filling a permanent
position and that tenure is not applicable. Since Staff
Scientists are temporary faculty, they have the same
termination notice rights as other temporary faculty.
Usually Staff Scientists will not be retained for more
than 5 years.
SETTING SALARIES, EXTRA COMPENSATION, AND ANNUAL REVIEW
SALARY CRITERIA
Temporary faculty salaries are negotiated based upon education, experience, market value, and merit. These salaries must correspond to the established faculty salary schedule. Salary averages for permanent faculty are distributed to the deans' offices second semester of each year and may be used as benchmarks for determining salaries for temporary faculty.
Temporary faculty who are hired on one- to three-year renewable contracts and temporary faculty holding ranked titles who will be rehired must be included in the formal Annual Review second semester. Salary for employees who are hired for short term contracts on self-sustaining funds may be renegotiated each rehire. Individuals holding temporary research faculty titles and compensated by extramural grant funding should receive merit salary increases at the initiation of the principal investigator subject to the usual administrative approval; when the entire faculty salary schedule is adjusted upward, these faculty will receive corresponding salary increases to retain their positions on the salary schedule.
Temporary faculty other than those holding research titles who are expected to be rehired for the following year must be included in the formal Annual Review process second semester or they will not be given an increase in salary during the next year. The individuals' names and proposed increases should be added to the annual review list distributed by the Provost's Office during second semester each year. Criteria for evaluation may differ slightly from those for permanent faculty; however, performance in instruction, research and creative accomplishments, and service activities should be considered. The review should include student evaluations where appropriate and should indicate strengths and weaknesses with suggested areas of improvement.
After the department chair, or equivalent, has completed the written annual review evaluations, each temporary faculty member reviewed shall sign a statement indicating that he/she has had the opportunity to read the evaluation report and to discuss it with the chair prior to its being forwarded through administrative channels. Any dissent regarding contents of the report shall be appended to the report before it is submitted through channels.
Temporary faculty have the same constraints as permanent faculty in respect to earning extra compensation. See the Business Polices and Procedures Manual, 60.44.
BENEFITS AND RETIREMENT
Insurance and health benefits are provided for temporary faculty if the appointment is for a minimum of half time (0.500 FTE) and six months. Non-service appointees are not included in regular benefits; however, they may purchase health insurance through the Benefit Services and Risk Management Office.
Under applicable state laws and Department of Employment Security regulations, temporary faculty who are expected to be rehired for consecutive years are not eligible for unemployment benefits during summer months. Persons included in annual review will be denied unemployment benefits unless departments produce personnel action forms indicating separation from University service.
LEAVE ACCRUALS
Temporary faculty must be employed for at least half time (0.500 FTE) for one semester academic appointment or six months annual appointment to be eligible for sick leave and (if eligible) annual leave. Full-time annual appointees earn 14.67 hours of annual leave per month. Academic and irregular term employees are not eligible for annual leave accruals. Eligible faculty earn eight hours sick leave per month. Persons on less than full-time but more than half-time service earn a proration of the regular annual leave or sick leave. Temporary summer appointees and hourly appointees are not eligible for leave benefits. Employees who had accrued leave prior to the adoption of this policy may retain their current leave balances until the hours are depleted or until they separate from University service.
Temporary faculty are eligible for all University holidays which occur during their period of appointment. Half-time or greater annual appointees on at least four-month appointments are eligible for the Personal Holiday.
No state employee may use leave before it is earned. Temporary faculty must request leave prior to taking it through their immediate supervisors. Generally leave will be allowed unless a serious lapse in the project will occur or unless classes cannot be covered by alternate personnel. A temporary faculty member may use eight hours per month of accrued paid leave (including sick leave) for up to four months during parental or disability leave without pay to maintain eligibility for University-sponsored insurance benefits.
Normally, temporary faculty cannot be paid for accrued annual leave and cannot transfer accrued annual leave to an appointment with a different funding source.
With the exception of the circumstances described above, sick leave may be used only in case of illness or temporary disability of the temporary faculty member or a member of his or her immediate family. Sick leave for more than ten days must be verified by a physician except in the case of child bearing, in which case six weeks of sick leave is allowable. If more time is required, the employee must supply a physician's statement.
Benefits for work-related illness, accident, or injury are provided in accordance with the State of Washington's Workers' Compensation Act. Temporary faculty pay one- third of the medical aid premium expense through payroll deductions. Any job-related accident or injury should be reported to the immediate supervisor, and the Benefit Services and Risk Management Office if applicable, as soon as possible. If an employee receives compensation from State Industrial Insurance or a job-related injury, a like amount will be deducted from the next paycheck and a portion of reported sick leave will be reinstated. The Benefit Services and Risk Management Office can provide clarification of this regulation.
Temporary faculty are eligible for emergency leave under the same provisions as permanent faculty (see page 52.)
Temporary faculty are not eligible for professional or retraining leave. However, time spent in temporary positions may (upon approval of the appropriate administrative officers and the Provost) be credited toward leave if the employee acquires a permanent position.
Temporary faculty are eligible for civil duty or military training leave as provided by state law (see pages 46-48).
Leave without pay must be requested by memorandum to the immediate supervisor. Reasons for the leave and the beginning and ending dates must be included in the request. If an extension is necessary, a second request should be submitted. The request should include a statement of intent to return to Washington State University for a like period of time. The period of leave cannot exceed the period of current appointment.
Temporary full-time employees who have on file in the Office of Human Resource Services a dean's or director's written certification of employment for a continuing period of at least three years may enroll, on a space available basis, with full waiver of tuition and fees in no more than six hours in one semester or three hours in the summer session. They must pay a $5 registration fee plus any special course fees (e.g., laboratory, late registration). This rule applies to total enrollment, and audits are included in the maximum permitted in any semester or summer session.
In the case of natural or national emergency, when the President of the University declares suspended operations, temporary faculty who are not required to work will use annual leave or leave without pay.
CODE OF ETHICS
Temporary faculty are considered officers of the University and as such must observe the Faculty Code of Professional Ethics. Within the parameters of their positions, they are expected to respect and defend free inquiry of associates, to acknowledge contributions of others, to show due respect for the opinions of others, to set an academic example, to accept their share of responsibilities for governance of the University, and to protect institutional integrity by close observance of published regulations and policies in order to increase the effectiveness of the entire University community. Temporary faculty have the rights, privileges, and obligations of all citizens. They should make personal and private speech or actions clearly separate from University sanction; and as citizens of the University community, they are responsible for the promotion of free inquiry and public understanding of academic freedom.
Temporary faculty are subject to the same patent and copyright policies as are permanent faculty. (See pages 77-86.)
Washington State University may transmit or reproduce by television, radio, or other means, news and general information programs prepared by or participated in by temporary faculty. The negotiation of a contractual agreement between the responsible employee and the University is handled through the Provost and Academic Vice President.
Employment may be terminated in any of the following ways:
1. Nonreappointment
2. Resignation
3. Under extraordinary circumstances
4. For cause: violation of the Faculty Code of Professional Ethics
5. For cause: physical or mental health reasons
6. For cause: unsatisfactory performance of duties.
For a faculty member with an appointment carrying a terminal date, the appointment ends on the specified terminal date, unless positive action is taken to reappoint that faculty member. In cases where a temporary appointment to the same position has been extended previously, without a break in service, the University must remind the temporary faculty member in writing of nonreappointment at least 60 days prior to the end of the current appointment. If the employee has been in the same temporary position continuously for five years or more, he/she must be afforded a written reminder of nonreappointment six months prior to the end of the current appointment. Contingency appointments always end on the designated terminal date unless the specified contingencies are satisfied.
Resignations should be submitted as early as possible and must be submitted in writing at least 60 days prior to the separation date. Temporary faculty may properly request a waiver of the notice requirement in case of hardship or in a situation where they would otherwise be denied substantial professional advancement or other opportunity.
Termination of a temporary faculty appointment before the end of the period of appointment may be based on financial exigency or discontinuance of a program or department of instruction, researchor service. Under the circumstances described on pages 62-63, notification to the employee(s) involved must be delivered in writing 60 days prior to the terminal date, or in cases where the terminal date of the current appointment is less than 60 days, will be concurrent with the effective terminal date of the current appointment. If a decision to discontinue a program is rendered during the summer months and a verbal expectation of employment has been given to a temporary faculty member, notice will be delivered in writing as far in advance as possible that employment will not be available for the coming school year.
See Disciplinary Regulations, pages 52-60.
See pages 63-64.
FOR CAUSE: UNSATISFACTORY PERFORMANCE
Temporary research faculty compensated by extramural grant funding may be terminated if their performance is deemed unsatisfactory by the principal investigator of the research grant or contract to which their salary is charged.Temporary faculty have access to advice from the Affirmative Action Office, the University Ombudsman, the Discriminatory Practices Committee, and the Faculty Status Committee.
Temporary faculty who have been reappointed beyond their original appointment and who intend to retire should address a letter to their immediate supervisor and to the Retirement and Insurance Office if the employee has paid into a retirement system through the University. Notice of retirement at the end of the current appointment should be submitted as early as possible. A minimum of 60 days' notice is appropriate.
Revision of the preceding sections of this Faculty Manual may be proposed by any unit of the University or by any member or group of members of the faculty. All proposals shall be submitted in writing to the Executive Secretary of the Faculty Senate. Proposals ordinarily shall be reviewed by the Faculty Affairs Committee, but may be reviewed by the Faculty Status Committee and sent with the reviewing Committee's recommendation to the Senate Steering Committee. The Senate Steering Committee shall inform the President of the recommendations prior to action by the Senate. The Faculty Senate shall submit its recommendations to the President, who has final responsibility, as delegated by the Board of Regents, for revisions or changes in the Faculty Manual. The Executive Secretary of the Senate shall be responsible for informing the University community of approved changes in the Manual and for adding these changes to the published revisions of the Manual at appropriate intervals.
BUDGETS
During the spring of each even-numbered year, the University's Budget Committee reviews the financial needs of the institution and submits a recommended biennial budget to the President for approval and for the approval of the Board of Regents. On or before the following September 1, a biennial budget is submitted by the Board of Regents to the Governor of the state who reviews it and prepares recommendations for the attention of the Legislature.
Program and departmental allocations within the limits of available funds and based on actions of the Budget Committee are made annually after review by concerned administrators, the Provost and Academic Vice President, the President, and the Board of Regents.
All equipment purchased by or given to the University or to one of its departments is the property of Washington State University and not the property of a department or other unit. Priority in the use of a piece of equipment ordinarily is in the department that purchased it out of its department funds. No individual has any proprietary interest in property of the University, nor are University buildings available for the permanent or continuing storage of employee personal property not used in official operations. Property continuously stored in University buildings is presumed to be state property. Department chairs and principal administrative officers are responsible for maintaining inventories of equipment and are the custodians of the property assigned to their respective units. University equipment may not be borrowed by or loaned to an individual for private use. The Controller is authorized to rent certain items of equipment at times not needed in University operations.
All purchases by any unit of the University must be arranged through the Division of Purchasing prior to acquisition of the merchandise or equipment by the University or
*For detailed description of business procedures, see Business Policies and Procedures Manual, distributed by the Vice President--Business and Finance. by one of its employees. Forms as furnished by the Purchasing Manager must be used to place purchase orders. Purchasing procedures are prescribed by state law and regulation and must be observed by all units of the University. The acquisition or custody of property not covered by normal purchasing procedure should be reported to the Vice President--Business and Finance.
Except for those departments traditionally considered as vendor departments, no department can sell goods or services to students, employees, other departments, or the general public without obtaining specific authority from the Assistant Vice President-- Finance. The procedures for handling cash sales must be coordinated with the Controller. Washington State University Receipt/Invoices or other receipts or invoice documents approved by the Controller must be used by all departments to record payments or charges immediately upon receipt. All payments made to employees handling accounts and sales of produce, poultry, trees, and other property of the University, or for which the University is responsible, are to be deposited intact within a week with the Office of the Controller. Cash, checks, or other payments totaling $100 or more are to be deposited daily. The department must be responsible for providing adequate safeguards for cash.
(Departments may take charge sales only when authorized by the Office of the Controller.)
The Vice President--Business and Finance, or designee, the Assistant Vice President-- Finance, is the contracting officer for the University. Each agreement or arrangement that any unit of the University or any employee wishes to enter into which, if made, would commit the University to any obligation, financial or otherwise, must be reduced to a formal written instrument in the form of a contract or memorandum of agreement. These contracts or memoranda of agreement must be approved and signed by the Assistant Vice President--Finance. Persons wishing to negotiate such an agreement should, with the approval of their dean or director, discuss it in principle with the Assistant Vice President--Finance in advance or at least in the early stages of negotiation. A sufficient number of copies of each proposed contract or memorandum of agreement should be routed to the Assistant Vice President--Finance to permit the retention of one copy in the permanent contract files. (See pages 69-70, policies for Faculty Research and Other Scholarly and Creative Activities.)
Every member of the faculty and staff is bonded in the amount of $100,000 as an employee of the state of Washington. It is not consistent with University policy for any employee to handle funds for any other organization as a part of his or her duties as a University employee.
email to: fasenoff@mail.wsu.edu