Second Regular Session
              Sixty-fifth General Assembly
                    STATE OF COLORADO
                                                 INTRODUCED
                                                           
                                                           
 LLS NO. 06-0741.01 Jane Ritter          HOUSE BILL 06-1284
                    HOUSE SPONSORSHIP
 King,
 
                   SENATE SPONSORSHIP
 (None),
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 House Committees
 Senate Committees
 
 
 Education
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                         A BILL FOR AN ACT
       Concerning the tenure process for faculty members at state
            institutions of higher education.
       
       
                           Bill Summary
       
            (Note:  This summary applies to this bill as introduced and does
       not necessarily reflect any amendments that may be subsequently
       adopted.)
       
            On or before January 1, 2007, requires the governing board of each
       state institution of higher education to adopt a post-tenure review policy
       for periodic review of all tenured faculty members employed by the
       institution.  Specifies the minimum requirements of the post-tenure
       review policies.  Requires each governing board to file its post-tenure
       review policy with the Colorado commission on higher education.
       
       
       
       Be it enacted by the General Assembly of the State of Colorado:
            SECTION 1.  Article 5 of title 23, Colorado Revised Statutes, is
       amended BY THE ADDITION OF A NEW SECTION to read:
            23-5-133.  Tenure - post-tenure review policies - filing -
       definitions.  (1)  As used in this section, unless the context
       otherwise requires:
            (a)  "Adequate cause" means actions, including but not
       limited to professional misconduct, neglect of duty, failure to
       comply with state or federal laws or regulations, failure to
       comply with state personnel policies, failure to comply with the
       policies of the governing board of an institution of higher
       education, insubordination, negative peer or student review,
       plagiarism, research misconduct, conviction of a felony or crime
       of moral turpitude, sexual harassment, misrepresentation, or
       poor student achievement or any other conduct that falls
       below minimum standards of professional integrity.
            (b)  "Commission" means the Colorado commission on
       higher education.
            (c)  "Governing board" means a governing board of a state
       institution of higher education.
            (d)  "Tenure" means the continuing annual appointment of
       a faculty member until relinquishment or forfeiture by the
       faculty member or termination for adequate cause, financial
       exigency, or academic program discontinuation by a governing
       board.
            (2)  On or before January 1, 2007, the governing board of
       each state institution of higher education shall adopt a
       post-tenure review policy for periodic review of all tenured
       faculty members employed by the institution.  Each post-tenure
       review policy shall include at a minimum:
            (a)  An evaluation of the tenured faculty member within
       three years after tenure is granted and every five years
       thereafter, which shall include but need not be limited to:
            (I)  The tenured faculty member's performance in teaching
       and his or her students' level of achievement;
            (II)  The tenured faculty member's research and scholarly
       activity;
            (III)  The tenured faculty member's contributions in the
       area of public service to the institution of higher education and
       the community;
            (b)  The creation of a performance plan for each tenured
       faculty member who is deemed to have unsatisfactory
       performance; and
            (c)  The termination of tenure or employment of a tenured
       faculty member if standards set in a performance plan are not
       met or if a tenured faculty member has two unsatisfactory
       reviews within a ten-year period.
            (3)  Each governing board shall file its post-tenure review
       policy with the commission.
            SECTION 2.  Effective date - applicability.  This act shall take
       effect upon passage, and the policies adopted pursuant to this act shall
       apply to tenure contracts entered into on or after the effective date of this
       act.
            SECTION 3.  Safety clause.  The general assembly hereby finds,
       determines, and declares that this act is necessary for the immediate
       preservation of the public peace, health, and safety.