6.35 – Non-Tenure Track Faculty Appointments

Non-tenure-track faculty will be employed to teach, do research, or perform other work assignments. They may be employed full-time or part-time, with regular or non-regular status. All appointments and renewals are subject to need, availability of funding and terms of appointment. The initial employment base period of a non-tenure-track faculty member may be renewed depending on funding availability, needs of the employing unit, and the results of performance evaluations.

Persons in non-tenure-track faculty positions may only be hired into tenure-track positions following a national search. In the event that they are hired into tenure-track positions, their service in non-tenure-track positions shall not normally count toward tenure.

PART 1: COLLEGE FACULTY

The titles of college instructor, college assistant professor, college associate professor, and college professor are used for non-tenure-track faculty hired primarily to teach courses for the university, although they may at times serve in an administrative or supervisory capacity or be assigned to research.

1. College faculty must have master’s degrees or equivalent experience in the field but do not always have terminal degrees.
2. Regular College Faculty appointments are renewable annually for an unlimited time. Although employing units are not obligated to renew or to give a reason for nonrenewal of a college faculty contract, hiring departments are encouraged to promote an environment of stability by renewing contracts of college faculty when warranted by the need of the department and the performance of the faculty member.
3. College faculty members shall be evaluated annually.
4. Regular college faculty are eligible for salary increases and promotion to the next rank according to policies, procedures, and criteria set by the university and their colleges and departments. (See Employment Base and Status below).
5. College faculty are listed in the university catalogs under their assigned departments and are eligible for privileges accorded other faculty, such as ID cards, library privileges and faculty parking.
6. College faculty are eligible to apply for membership in the graduate faculty and, if accepted, supervise theses and dissertations while a member of the graduate faculty.
7. College faculty are eligible to serve as principal investigators on grants and proposals.
8. As provided for in the Faculty Senate Constitution, college faculty can serve on the Faculty Senate.

 PART 2:  RESEARCH FACULTY

The titles of research assistant professor, research associate professor, and research professor are used for persons who are hired to engage in research activities and have qualifications similar to those held by tenure-track faculty of comparable ranks.

1. A clear statement of justification as to why it is in the university’s best interest to grant research faculty status will be noted on the hiring forms by the department head and forwarded through the academic dean to the provost and chief academic officer for each research faculty appointment.
2. Salaries are normally contingent on external funding, though a department or college may fund the salary of a research faculty member from internal funds for a short time while external funds are being sought.
3. Research faculty members are evaluated annually and are eligible for salary increases and promotion to the next rank according to policies, procedures, and criteria set by the university and their colleges and departments.
4. Research appointments are renewable annually for an unlimited time provided funding is available and annual evaluations demonstrate acceptable job performance.
5. Research faculty are listed in the university catalogs under their assigned departments and are eligible for privileges accorded other faculty, such as ID cards, library privileges and faculty parking.
6. They are eligible to apply for membership in the graduate faculty and, if accepted, supervise theses and dissertations or serve as the dean’s representative while a member of the graduate faculty.
7. Research faculty may serve as principal investigators on grant proposals.
8. At the discretion of their department head or equivalent administrator, they may retain their research faculty status without pay while funding is being sought.

PART 3:  EXTENSION ASSOCIATE

An individual hired into a Cooperative Extension Service position in regular or non-regular status, full-time or part-time, funded principally (50 percent or more) by grants or other non-permanent funds may be designated an extension associate.

1. An individual hired with less than the master’s degree may also be designated as extension associate and be given the courtesy title of college instructor, college assistant professor, college associate professor, or college professor.
2. An extension associate cannot obtain tenure.
3. When an extension associate either receives a master’s degree and/or recurring state funds become available, an extension associate may be considered for appointment to tenure-track status following normal appointment rules.
4. Extension associates may be notified of nonrenewal with proper notice: those in the first year of service will have 3 months’ notice prior to their anniversary date; those in the second or more years of service will have 6 months’ notice prior to their anniversary date.

PART 4:  PRIOR SERVICE

Non-tenure-track faculty have duties and/or qualifications and/or expectations different from tenure-track faculty. Consequently, service in the non-tenure-track position will not normally count towards tenure in any subsequent tenure-track appointment.

PART 5:  EMPLOYMENT BASE AND STATUS

The fixed-period base for employment of a non-tenure-track faculty member is a time period that may be a semester, an academic year, or a fiscal year, and the amount of assigned effort may be figured on the basis of hours per week, credits per semester, or credits per academic year.

1. The full-time hourly basis is 40 hours per week.
2. The full-time credit basis is 12 credits per semester or 24 credits per academic year, except in the community colleges, where the full-time credit basis is 15 credits per semester or 30 credits per academic year.
3. The full-time equivalent (FTE) fraction for a non-tenure-track faculty member employed on an hourly basis is the ratio of the number of hours assigned per week to the basis of 40 hours/week. The FTE fraction for a non-tenure-track faculty member employed on a credit hour basis is the ratio of the number of credits allocated during the applicable base period to the full-time credit basis applicable for that base period. An FTE fraction of .75 or greater is considered full-time, while an FTE fraction less than .75 is considered part-time.
4. A non-tenure-track faculty member employed as temporary and averaging an FTE of .67 per college or more over 2 consecutive academic years may be eligible to be considered for a regular non-tenure-track appointment after appropriate advertising. If not converted to regular appointment, the employee’s FTE must average less than .67 per college during each of the ensuing 2 consecutive academic years.
5. A temporary faculty member averaging less than .67 FTE per college over 2 consecutive academic years may be eligible for renewals of temporary appointments after appropriate reviews and approvals.
6. Temporary appointments require an appointment end date on the hiring form no later than 1 calendar year after the hiring date. All temporary appointments are limited to 1 year at a time.
7. If there is no break in service, both regular and temporary non-tenure-track appointments may be renewed without advertising, after appropriate reviews and approvals.

PART 6:  SPECIAL APPLICATION FOR NON-TENURE-TRACK TEMPORARY COMMUNITY COLLEGE FACULTY

A non-tenure-track faculty member employed as temporary and averaging an FTE of .67 per college or more, over 2 consecutive academic years may be eligible to be considered for a regular non-tenure-track appointment after appropriate advertising. (For benefits, See Salaries/Benefits) If not converted to regular appointment, the employee’s FTE must average less than .67 per college during each of the ensuing 2 consecutive academic years. A temporary faculty member averaging less than .67 per college over 2 consecutive academic years may be eligible for renewals of temporary appointments after appropriate reviews and approvals.

PART 7:  QUALIFICATIONS

Qualifications for appointment of non-tenure-track faculty are to be determined in such a manner as to be flexible enough to meet the particular needs of each unit utilizing such faculty, but minimum qualifications shall be a master’s degree or equivalent experience in the field or related field for the junior ranks of instructor and assistant professor, and an earned doctorate or equivalent experience in the field or related field for the senior ranks of associate professor and professor. (See ARP 6.50 – Faculty Credentials Required of all NMSU Instructors on Record.)

PART 8:  APPOINTMENT AND NONRENEWAL

Each regular or non-regular non-tenure track faculty member will be given a copy of the employing conditions, generally as an offer notification. At the time of first hire at the university, each regular or non-regular non-tenure-track faculty member should read this section of the rules and procedures, as well as the non-tenure-track promotion procedures of the appropriate college.

1. Nonrenewal of a non-tenure-track appointment may be without implication of criticism or specification of cause.
2. An appointment end date on the initial offer notification constitutes written notice of the end date of the appointment. In such a case, the individual concerned should be informed as soon as possible whether the individual will be offered subsequent employment following the appointment period, either as a renewal of a regular appointment or in non-regular status.
3. Successive year renewals of regular appointments that specified an appointment end date may be made without advertising the position.
4. If a regular appointment is not renewed for at least the succeeding semester, then it must be re-advertised.
5. The minimum written notice of nonrenewal of a regular appointment that does not include an appointment end date on the offer notification will be as follows:
   1. During the first year of service in regular status (9- or 12-month basis), 3 months’ notice will be given before the end of the academic year (9-month employees) or the fiscal year (12-month employees).
   2. After the first year of service, 6 months’ notice before the end of the academic year (9-month employees) or the fiscal year (12-month employees) will be given.
   3. Non-tenure-track faculty members employed without an ending date whose employment is contingent upon the availability of non-I&G funds shall be given at least 30 calendar days’ notice of nonrenewal.
   4. Providing proper notice of nonrenewal is given, the university does not have any legal obligation to provide funding for any non-tenure-track faculty member beyond the current appointment period. However, employing units are strongly encouraged to attempt to maintain a stable job environment for this type of appointment.
   5. A non-tenure-track faculty member may be dismissed for cause at any time that the member’s conduct becomes inimical to the students, the faculty, the educational program, or the university.
   6. The provost and chief academic officer must approve any involuntary termination for cause.
   7. A non-tenure-track faculty member will have the right to appeal human resources decisions, which directly affect the member, according to university appeals procedures. (See ARP 3.25 Discrimination, Harassment and Sexual Misconduct on Campus; ARP 10.60 Faculty Grievance Review and Resolution; and ARP 10.50 Faculty Alleged Misconduct Investigation, Discipline and Appeals Processes)
   8. Any non-tenure-track faculty member who proposes to resign shall give written notice to the immediate supervisor at the earliest time possible.

PART 9:  VOTING PRIVILEGES

The tenured and tenure-track faculty in employing units of the university will decide which types and ranks of non-tenure-track faculty may vote on (1) routine departmental matters, and (2) policy matters. Should a question arise whether an issue is a routine departmental matter or a policy matter, the tenured and tenure-track faculty will decide.  Non-tenure-track faculty will not vote on any faculty personnel matters.

PART 10:  GUIDELINES

As a guideline, the total FTE of non-tenure-track faculty with the job titles of college instructor, college assistant professor, and college associate professor shall not exceed 25 percent of the total FTE for tenured, tenure-track, and non-tenure-track faculty on the main campus (community colleges excluded). Distinction will be made, if possible, between teaching and non-teaching non-tenure-track faculty in any given monitoring period.

PART 11:  MONITORING

During each fall and spring semester the provost and chief academic officer shall provide the following data to the chair of the Faculty Senate: The number of individuals employed by the university holding academic rank by headcount and FTE, by contract type (tenured, tenure-track, non-tenure-track), by job title and rank for each academic rank unit on the main campus, for each of the community colleges, and for all other organization units. Where these numbers include individuals whose primary employing unit is different from the academic rank unit, these data will be footnoted appropriately. The chair of the Faculty Senate will present these data to the Committee on Committees for analysis and monitoring with respect to the above guidelines.

PART 12:  EXEMPT EMPLOYEES HIRED AS PART TIME FACULTY

Exempt employees who wish to teach a university class for remuneration may do so if the class meets outside regularly scheduled working hours (normally 8 a.m. to 5 p.m., Monday through Friday) and approval has been obtained from the employees supervisor and the Dean, Vice President or Chancellor – NMSU System Community College. Exempt employees teaching a course for remuneration during his/her regular working hours is normally inappropriate, and rather, a percentage of the person’s regular salary should be paid by the beneficiary unit for the duration of the teaching service. (See guidelines under ARP 6.92 – Faculty Consulting and ARP 7.30 Tenure-Track and Tenured Faculty – Salary Adjustments.)