First Regular Session

Sixty-first General Assembly

LLS NO. 97­0704.01D JAP HOUSE BILL 97­1341

STATE OF COLORADO

BY REPRESENTATIVES Owen, Grampsas, and Romero;

also SENATORS Blickensderfer, Lacy, and Rizzuto.

REVISED

EDUCATION

A BILL FOR AN ACT

CONCERNING TENURE FOR FACULTY MEMBERS AT STATE­SUPPORTED INSTITUTIONS OF HIGHER EDUCATION, AND, IN CONNECTION THEREWITH, REQUIRING GOVERNING BOARDS TO ESTABLISH POST­TENURE REVIEW POLICIES.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments which may be subsequently adopted.)

Joint Budget Committee. Requires each governing board to establish a post­tenure review policy under which each tenured faculty member receives a performance evaluation at least every 5 years. Specifies minimum considerations to be included in the evaluation. Provides that any faculty member whose performance is unsatisfactory may be placed on probation for up to 2 years and may lose tenure. Clarifies that the institution may terminate the employment of any faculty member who loses tenure.

With regard to tenure eligibility requirements, directs each governing board to make exceptions under any requirement of continuous employment for faculty members who take maternity or parental leave or who are forced to take extended leave because of a disability or an emergency situation.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  Article 5 of title 23, Colorado Revised Statutes, 1995 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:

23­5­124.  Tenure ­ post­tenure review policies ­ eligibility.  (1)  THE GENERAL ASSEMBLY FINDS THAT THE PROVISION OF TENURE FOR FACULTY MEMBERS AT INSTITUTIONS OF HIGHER EDUCATION IS NECESSARY TO PRESERVE ACADEMIC FREEDOM AND TO ENSURE THE ABILITY OF STATE­SUPPORTED INSTITUTIONS OF HIGHER EDUCATION TO ATTRACT AND RETAIN HIGH QUALITY TEACHING FACULTY MEMBERS. THE GENERAL ASSEMBLY FURTHER FINDS, HOWEVER, THAT TO ENSURE THE CONTINUED EXCELLENCE OF THE TEACHING FACULTY AT STATE­SUPPORTED INSTITUTIONS OF HIGHER EDUCATION AND TO ASSIST THESE PERSONS IN THEIR PROFESSIONAL GROWTH, EACH INSTITUTION SHALL PROVIDE PERIODIC PERFORMANCE REVIEWS FOR EACH TENURED FACULTY MEMBER. IT IS THE GENERAL ASSEMBLY'S INTENT THAT THE POST­TENURE PERFORMANCE REVIEWS CONDUCTED PURSUANT TO THIS SECTION SHALL BE DESIGNED BOTH TO EVALUATE A FACULTY MEMBER'S LEVEL OF PERFORMANCE AND TO ASSIST THE FACULTY MEMBER IN IMPROVING HIS OR HER PERFORMANCE.

(2)  ON OR BEFORE NOVEMBER 1, 1997, THE GOVERNING BOARD FOR EACH STATE­SUPPORTED INSTITUTION OF HIGHER EDUCATION SHALL ADOPT A POST­TENURE REVIEW POLICY FOR PERIODIC REVIEW OF ALL TENURED FACULTY MEMBERS EMPLOYED BY THE INSTITUTION. UNDER THE POST­TENURE REVIEW POLICY, EACH TENURED FACULTY MEMBER SHALL RECEIVE A PERFORMANCE REVIEW AT LEAST ONCE EVERY FIVE YEARS. IN MEASURING A FACULTY MEMBER'S PERFORMANCE, THE PERFORMANCE REVIEW SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO, CONSIDERATION OF PEER AND STUDENT EVALUATIONS. AT A MINIMUM, POST­TENURE REVIEW SHALL INCLUDE CONSIDERATION OF THE FOLLOWING ASPECTS OF PERFORMANCE:

(a)  AN EVALUATION OF THE FACULTY MEMBER'S PERFORMANCE IN TEACHING;

(b)  AN EVALUATION OF THE FACULTY MEMBER'S RESEARCH AND SCHOLARLY ACTIVITY; AND

(c)  AN EVALUATION OF THE CONTRIBUTIONS MADE BY THE FACULTY MEMBER IN THE AREA OF PUBLIC SERVICE TO THE INSTITUTION AND THE COMMUNITY.

(3) IN CONSIDERING THE PERFORMANCE ASPECTS SPECIFIED IN SUBSECTION (2) OF THIS SECTION, THE GOVERNING BOARD OR INSTITUTION SHALL TAKE INTO CONSIDERATION THE STATUTORY ROLE AND MISSION OF THE EMPLOYING INSTITUTION.

(4) (a) EACH INSTITUTION'S POST­TENURE REVIEW POLICY SHALL PROVIDE THAT IF THE POST­TENURE REVIEW FINDS A FACULTY MEMBER'S PERFORMANCE UNSATISFACTORY, AS DEFINED BY THE INSTITUTION IN THE POST­TENURE REVIEW POLICY, THE FACULTY MEMBER SHALL BE REQUIRED TO COMPLETE A PERFORMANCE IMPROVEMENT PLAN DESIGNED BY THE INSTITUTION. THE INSTITUTION SHALL ALLOW THE FACULTY MEMBER TO PROVIDE INPUT CONCERNING THE PERFORMANCE IMPROVEMENT PLAN. THE PERFORMANCE IMPROVEMENT PLAN SHALL BE IMPOSED WITHIN NINETY DAYS AFTER THE FINAL DETERMINATION OF UNSATISFACTORY PERFORMANCE. BASED ON THE CRITERIA OUTLINED IN THE PLAN, THE FACULTY MEMBER SHALL BE REEVALUATED AFTER A PERIOD NOT TO EXCEED THREE YEARS. THE PERFORMANCE IMPROVEMENT PLAN SHALL SPECIFY THE REEVALUATION DATE.

(b) UPON REEVALUATION, IF THE FACULTY MEMBER FAILS TO DEMONSTRATE SATISFACTORY PERFORMANCE AS DETERMINED BY THE CRITERIA SPECIFIED IN THE PERFORMANCE PLAN DEVELOPED PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (4), THE FACULTY MEMBER SHALL BE SUBJECT TO SANCTIONS IN KEEPING WITH INSTITUTIONAL SANCTION PROVISIONS, WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO, THE REVOCATION OF TENURE.

(c)  THE INSTITUTION SHALL TERMINATE THE EMPLOYMENT OF ANY FACULTY MEMBER WHO LOSES TENURE AS PROVIDED IN PARAGRAPH (b) OF THIS SUBSECTION (4).

(d) IN DEVELOPING A PERFORMANCE IMPROVEMENT PLAN AND REEVALUATING A FACULTY MEMBER PURSUANT TO PARAGRAPH (a) OF THIS SUBSECTION (4), IN REVOKING TENURE AS PROVIDED IN PARAGRAPH (b) OF THIS SUBSECTION (4), AND IN TERMINATING THE EMPLOYMENT OF A FACULTY MEMBER AS PROVIDED IN PARAGRAPH (c) OF THIS SUBSECTION (4), THE INSTITUTION SHALL ENSURE THAT THE FACULTY MEMBER RECEIVES DUE PROCESS, AS DEFINED IN THE INSTITUTION'S POST­TENURE REVIEW POLICY. AT A MINIMUM, SUCH DUE PROCESS SHALL INCLUDE NOTICE TO THE FACULTY MEMBER AND AN OPPORTUNITY FOR A HEARING.

(5)  TO THE EXTENT THAT IT HAS ESTABLISHED TENURE ELIGIBILITY REQUIREMENTS FOR EACH STATE­SUPPORTED INSTITUTION OF HIGHER EDUCATION UNDER ITS CONTROL, EACH GOVERNING BOARD SHALL ENSURE THAT ANY CONTINUOUS SERVICE REQUIREMENT IS WAIVED TO THE EXTENT NECESSARY TO ACCOMMODATE EXCEPTIONAL CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:

(a)  CIRCUMSTANCES UNDER WHICH A FACULTY MEMBER TAKES EXTENDED MATERNITY, PATERNITY, OR, IN THE CASE OF ADOPTION, PARENTAL LEAVE;

(b)  CIRCUMSTANCES UNDER WHICH A FACULTY MEMBER WITH A DISABILITY TAKES EXTENDED LEAVE, AS DEFINED BY THE GOVERNING BOARD, BECAUSE OF THE DISABILITY;

(c)  CIRCUMSTANCES UNDER WHICH A FACULTY MEMBER TAKES EXTENDED LEAVE, AS DEFINED BY THE GOVERNING BOARD, FOR FAMILY, HEALTH, OR OTHER REASONS SPECIFIED BY THE GOVERNING BOARD.

SECTION 2. 23­5­117, Colorado Revised Statutes, 1995 Repl. Vol., is amended to read:

23­5­117. Governing boards ­ delegation of personnel power. The governing board of any state­supported institution of higher education may delegate all or part of its power over personnel matters, including the power to hire or to fire employees exempt from the personnel system, to the chief executive officer of the institution governed by such board; EXCEPT THAT THE AUTHORITY OF THE CHIEF EXECUTIVE OFFICER OVER PERSONNEL MATTERS SHALL BE SUBJECT TO THE PROVISIONS OF THE POST­TENURE REVIEW POLICY ADOPTED BY THE GOVERNING BOARD FOR THE INSTITUTION PURSUANT TO SECTION 23­5­124. IN ADDITION, THE GOVERNING BOARD MAY AUTHORIZE THE CHIEF EXECUTIVE OFFICER TO DELEGATE TO OTHER OFFICERS OF THE INSTITUTION ANY POWER SO DELEGATED PURSUANT TO THIS SECTION, SUBJECT TO THE PROVISIONS OF SAID POST­TENURE REVIEW POLICY. The governing board of each state supported institution of higher education, except the university of Colorado, Colorado state university, the university of northern Colorado, or the Colorado school of mines, after consultation with faculty representatives chosen by the faculty, shall prepare, enact, promulgate, administer, and maintain in place policies and practices which afford due process procedures for those faculty members exempt from the state personnel system who are terminated, including terminations resulting from reductions in force.

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.