VANDERBILTUNIVERSITYLAWSCHOOL
FACULTY HANDBOOK
January 17, 2007
TABLE OF CONTENTS
I.Faculty By-Laws
(concerning appointments, tenure and promotions)
Procedure for Awarding Faculty Chairs
(not part of Faculty By-Laws)
Tenure-Track Faculty Contract and Renewal Schedule
(not part of Faculty By-Laws)
ConsentCalendar Procedures
(not part of Faculty By-Laws)
- Faculty Research Support
- Library*
- Information Technology Services
- Curricular Matters*
- Student Academic Requirements*
- Administrative Support Services
VIII.Faculty Responsibilities
*Much of this information can also be found on the LawSchool’s intranet at [
I.LAWSCHOOLFACULTY BY-LAWS
LAWSCHOOL
FACULTY BY-LAWS
(As revised by the Faculty on January 17, 2007)
Contents
I.Quorum Requirements and Voting Procedures
- Primary Appointments at the Ranks of Assistant, Associate, and Professor of Law
- Primary Appointments at the Ranks of Full-Time, Non Tenure-Track, Term, Assistant, Associate, and Full Professor of Law
- Primary Appointments at the Ranks of Assistant Clinical, Associate Clinical, and Clinical Professor of Law
V.Visiting Faculty
VI.Secondary Appointments
VII.Instructor in Law
VIII.Clinical Instructor
- Adjunct Faculty, Lecturers in Law & Research Associates
- Academic Program
- Student Participation
- Interpretation of By-Laws
- Suspension of By-Laws
Section I
Quorum Requirements and Voting Procedures
A.Matters of faculty governance reside in the full-time faculty. Unless specified otherwise, all full-time faculty, excluding visiting faculty, are eligible to vote on all matters properly before the faculty.
B.A quorum consists of a majority of the total number of faculty eligible to vote on the proposed matter.
C. A faculty member on leave or a faculty member serving in a full-time administrative position elsewhere in the University shall be considered for quorum and voting requirements only if present at the meeting.
D.A faculty member is disqualified from participating in a matter involving his or her own renewal or promotion. A faculty member is disqualified from participating in a matter involving the appointment, renewal, promotion or award of tenure to a family member or significant other. A faculty member disqualified under this provision shall not be considered for quorum or voting requirements.
E.A proposal is approved by the faculty when a majority of those present and voting vote in favor of the proposal.
F.Special requirements for personnel actions.
(1) Only tenured and tenure-track faculty may vote to recommend initial appointments to a tenure-track appointment, and to recommend visiting, primary non-tenure-track and secondary appointments at the rank of Assistant Professor of Law, Associate Professor of Law, and Professor of Law.
(2) Only tenured, tenure-track and clinical faculty can recommend initial appointments to the full-time clinical faculty
(3) The faculty shall recommend to the Dean an initial appointment not involving the award of tenure, which includes visiting appointments, when a majority of the faculty in the LawSchool who are eligible to vote on the appointment votes in favor of such a recommendation. If the faculty does not recommend the appointment, but sixty percent of the faculty present and voting votes in favor of the recommendation, the candidate shall be considered at the next faculty meeting. At that second meeting, the faculty shall recommend to the Dean the appointment if a majority of the faculty who are eligible to vote on the appointment votes in favor of such recommendation.
(4) The faculty recommends the award of tenure when a majority of the tenured faculty in the LawSchool votes in favor of such a recommendation.
(5) As to renewal and/or promotion, the faculty recommends renewal and/or promotion when a majority of eligible faculty in the LawSchool votes in favor of such a recommendation. Those eligible to vote on any recommendation depends on the position under the consideration. The following rules apply:
(a) Assistant Clinical Professor of Law: All tenured, tenure-track and clinical faculty.
(b)Associate Clinical Professor of Law: All tenured, tenure-track and clinical faculty excluding Assistant Clinical Professors of Law.
(c) Clinical Professor of Law: All tenured, tenure-track and clinical faculty excluding Associate Clinical Professors of Law and Assistant Clinical Professors of Law.
(d)Assistant Professor of Law, tenure track: All tenured and tenure-track faculty.
(e)Associate Professor of Law, tenure track: All tenured and tenure-track faculty excluding Assistant Professors of Law.
(f) Professor of Law, tenured: All tenured Professors of Law.
(g) Assistant Professor of Law, nontenure track: All Assistant Professors of Law, Associate Professors of Law and Professors of Law.
(h) Associate Professor of Law, nontenure track: All Associate Professors of Law and Professors of Law.
(i) Professor of Law, nontenure track: All Professors of Law.
(6) All votes on personnel actions shall be by unsigned written ballot.
(7) Provisions of this subsection can be amended only by a majority vote of the faculty in the LawSchool who are currently eligible to vote under the provision sought to be amended.
G. Clinical faculty shall not vote on any matter that involves reduction or termination of the clinical program nor on any matter affecting their status.
H .Provisions of this section, except as otherwise specified in subsection F, can only be amended by a vote of a majority of full-time faculty in the LawSchool.
Section II
Primary Appointments at the Ranks of Assistant Professor of Law,
Associate Professor of Law, and Professor of Law.
A.Initial Appointments to Term Contract of More Than One Year
(1)When the Faculty Appointments Committee determines that a candidate is a prospect for employment on a term contract for more than one year, it shall invite the candidate to the School in order to meet and be interviewed by as many of the faculty as possible. In a case in which the candidate has a limited time for interviews, preference shall be accorded those members of the faculty who are eligible to vote on the recommendation for the candidate’s appointment.
(2)Following such a visit, the Faculty Appointments Committee shall in a reasonable time distribute to the faculty any information about the candidate that has not already been distributed.
(3).
The Dean shall call a meeting for a date that is not earlier than three (3) nor later than a reasonable number of working days after the candidate’s visit. In this connection, the Dean shall call such a meeting as promptly and expeditiously as possible, consistent with the Dean’s personal schedule and the visits of other candidates. The faculty eligible to attend and participate plus the Associate Dean shall meet to consider the candidate.
(4)In the event that several candidates are considered at the meeting, the faculty may, by appropriate motion, indicate not only its approval but also an order of preference with respect to such group.
B.Contract Renewal
(1)(a)In the case of renewal at rank, the Dean shall submit a report and recommendation to the faculty at least one week prior to the faculty vote on renewal.
(1)(b)In the case of renewal and promotion to Associate Professor of Law (without tenure), the Dean shall appoint an ad hoc renewal and promotion committee comprised of three members of the tenured faculty. The committee shall compile and evaluate data and report to the Dean in writing on the questions of the candidate’s renewal and promotion. Within a reasonable time after after receiving such report, the Dean, unless the candidate has withdrawn from consideration, shall by written notice call a special faculty meeting for the purpose of considering and acting on the report of the renewal and promotion committee. The committee’s report shall be distributed to the faculty at least seven days prior to the date of the meeting at which the report will be considered.
C.Candidates for Tenure
(1)A candidate will usually be considered for tenure no earlier than in his or her fourth year of teaching. Teaching at another institution may be counted for this purpose. Consistent with the practices at most major law schools, it is expected that a candidate for tenure will be considered for promotion to or appointment at the rank of Professor of Law.
(2)(a)The Dean shall appoint an ad hoc tenure review committee, comprising three tenured faculty who hold the rank of Professor of Law, to compile and evaluate data with respect to each member of the faculty who is to be considered for tenure. The Dean shall appoint to a tenure review committee no more than one person who has previously served on the candidate’s contract renewal committee.
(b)The Dean shall assign to the Faculty Appointments Committee the task of compiling and evaluating data with respect to any candidate for tenure who is not a present member of the faculty.
(3)The ad hoc tenure review committee or the Faculty Appointments Committee, as the case may be, shall report to the Dean in writing on the question whether tenure should be granted and candidate be appointed or promoted to the rank of Professor of Law.
(4)Within a reasonable time after receiving such report the Dean, unless the candidate shall have withdrawn from consideration, shall by written notice call a meeting of the tenured faculty, in the case of an internal candidate, for the purpose of considering and acting on the report of the ad hoc Committee. With respect to any candidate for tenure who is not then a member of the faculty, all faculty eligible to attend meetings dealing with personnel matters will be invited to attend and to vote on matters for which they are eligible to vote. The report of the ad hoc tenure review committee or the Faculty Appointments Committee (as the case may be) shall be distributed to the faculty eligible to attend the meetingat least seven days prior to the date of the meeting called to consider the report.
(5)If the decision of the faculty is favorable to the candidate and the Dean does not concur, the tenured faculty may appeal the Dean’s nonconcurrence by a vote of not less than two-thirds of the entire tenured faculty, whether or not on leave. Such vote shall be taken at a special meeting or at the meeting at which the initial vote on the candidate’s tenure is taken. If the vote on the appeal is favorable, such appeal shall be directed to the appropriate University Promotion and Tenure Review Committee.
(6)In the case of an internal candidate for tenure, if tenure is not recommended by the tenured faculty at the initial meeting called for this purpose, the candidate shall be advised of the voting tally. The candidate shall then be entitled to invoke the procedures in Part I, Chapter 1, Section E(5) of the Faculty Manual; that is, the candidate may appeal to the Dean who may (a) accept the negative decision or (b) return it to the faculty for reconsideration.
D.Qualifications for Appointment, Renewal, and Tenure
Candidates for Appointment
The faculty is committed to seeking those candidates who have promise of excellence in teaching, scholarship, and community and professional service.
Candidates for Promotion and Renewal
A candidate for promotion and renewal will be expected to demonstrate effectiveness in teaching as well as scholarly productivity and a research agenda that holds substantial promise for tenure.
Candidates for Tenure
A candidate for tenure will be expected to demonstrate (a) excellence in scholarship, (b) a high degree of effectiveness in teaching, and (c) satisfactory performance in the area of service. The indicators of excellence in scholarship must be substantially developed and recognized at a national or international level. Consistent with the Faculty Manual, candidates for tenure and promotion to the rank of Full Professor must demonstrate the level of achievement in scholarship equivalent to that required of tenured and Full Professors in other leading law schools. Candidates will be ineligible for tenure if not promoted to a tenured position by the end of seven years of academic service unless an exception has been negotiated in accordance with the provisions of the Faculty Manual.
A decision by the faculty to recommend tenure may be accompanied by a recommendation that the candidate be promoted to the rank of Professor of Law. When a candidate is being considered for tenure and promotion, the ad hoc tenure review committee or the Faculty Appointments Committee, as the case may be, shall pose separate and distinct questions to external reviewers concerning tenure and promotion. Reviewers shall be asked to comment on (a) whether the candidate’s scholarly achievements warrant a grant of tenure, and (b) whether the candidate’s scholarly achievements warrant promotion to the rank of Full Professor.
There may be occasions when a candidate’s progress in teaching, scholarship and service is very substantial but not sufficient to warrant an award both of tenure and of immediate promotion to Professor of Law. Under such circumstances, a candidate may be tenured at the rank of Associate Professor of Law.
Comment on Tenure and Promotion Requirements
The faculty makes a recommendation of tenure and promotion to the rank of Professor of Law based on an appraisal of the candidate’s performance in the areas of teaching, scholarship, and university and public service. The faculty accords substantially greater weight to performance in teaching and scholarship than to service.
The faculty recommends for tenure and promotion only a candidate who has demonstrated significant achievement as a scholar and who shows promise of future achievement. Accordingly, a faculty candidate for tenure in the LawSchool is expected to undertake an agenda of major scholarly activity. Usually, a faculty member enters law teaching as a generalist. As he or she is assigned to courses in law school in his or her area of interest, the candidate begins to formulate an agenda of intellectual and scholarly inquiry. This process leads to the development of scholarly articles, chapters in books, or books. Such articles, book chapters, and books (including casebooks, treatises, and monographs) should demonstrate extended and carefully researched legal analysis. A candidate who, in addition to work demonstrating excellence in legal analysis, also submits work with substantial emphasis in another scholarly area, must demonstrate significant achievement in that area.
A publishable article, book chapter, or book may consume substantial effort which must be fitted around the time the candidate requires to master two or more course areas assigned to him or her in the LawSchool curriculum. It is quite customary for the candidate to devote the summer almost exclusively to a project of scholarship while he or she has no course assignment. A candidate for tenure will be expected to have in publication, or in publishable form, an appropriate amount of writing. The requisite amount is difficult to express in terms of any particular amount of law review articles, journal articles, or books, because articles and books vary considerably as regards length, complexity, originality, and availability of research sources. In conformity with the practice at other leading law schools, a candidate for tenure and promotion to the rank of Professor of Law will ordinarily be expected to produce between two and four substantial scholarly pieces. Such candidates must have completed scholarship of such high quality as to gain favorable recognition within their discipline and at a national or international level. The faculty shall receive written evaluations of the candidate’s scholarship from external reviewers of national or international distinction, and from any individual members of the faculty of this law school designated for this purpose by the ad hoc tenure review committee or Faculty Appointments Committee. The faculty shall carefully consider these reviews and any other views submitted by anyone but shall not regard them as binding.
The assessment of co-authored work can pose a dilemma for the faculty. When a candidate’s scholarship rests heavily upon co-authored work, the faculty often has difficulty ascertaining the particular contributions of the candidate. Hence, it is likely that such work will receive less weight than the work done alone.
Section III
Primary Appointments at the Ranks of Full-Time,
Non Tenure-Track, Term, Assistant, Associate, and
Full Professor of Law
A.Primary, full-time, non tenure-track, term appointments at ranks of Assistant Professor, Associate Professor, and Professor of Law shall entitle the holder to attend and participate in all faculty meetings, to serve on all standing and ad hoc faculty committees except the Faculty Appointments Committee, and to vote on all matters of faculty governance excluding those involving appointment or promotion of tenured, tenure-track, or clinical faculty. The term, “full-time,” shall include the combination of LawSchool teaching load and LawSchool administrative responsibilities.
B.Renewal of a non-tenure track primary term appointment shall be by vote of the faculty on the report and recommendation of the Dean. Reappointment coupled with promotion shall be made only upon the report and recommendation of a faculty committee and a vote of the eligible faculty
Section IV
Primary Appointments at the Ranks of
Assistant Clinical Professor,Associate Clinical Professor
and Clinical Professor.
A.Term of Appointment
(1)Appointments to the ranks of Assistant Clinical Professor of Law, Associate Clinical Professor of Law, and Clinical Professor of Law are term appointments that do not involve tenure.
(2)Regular appointments at the ranks of Assistant Clinical Professor of Law and Associate Clinical Professor of Law shall be for a term of three years. Regular appointments at the rank of Clinical Professor of Law shall be for a term of five years. All appointments are subject to termination during the term only for cause (as defined in Part I, Chapter I, Section G of the Faculty Manual) or for discontinuation or reduction of the clinic program. In unusual circumstances, an appointment term of less than three years at the rank of Assistant Clinical Professor of Law or Associate Clinical Professor of Law or less than five years at the rank of Clinical Professor of Law may be specified (for example, when the position being filled will be of less than three years’ duration). If a person holding either a three-year clinical rank or five-year clinical rank is not notified on or before the first day of the twelfth month prior to the expiration of the appointment whether that person will be reappointed, that person will have a right to a subsequent appointment at the same rank for one non-renewable terminal year. At any time prior to the completion of the terminal year, the clinical faculty member may be given a renewal in accordance with procedures and terms of contract specified in this Handbook. Notice of dismissal due to discontinuation or reduction of the clinic program must be given at least one year in advance. Regular appointments at the ranks of Assistant Clinical Professor of Law, Associate Clinical Professor of Law, and Clinical Professor of Law normally will be full-time.