9.43 – Tenure Track Faculty – Process for Non-Renewal of Annual Contract

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Scope: NMSU System

Source: ARP Chapter 9 | HR - Performance Evaluation, Promotion and Tenure

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2017 Recompilation, formerly Rule 5.98 E.

As a result of evaluating performance and annual contracts, it may be necessary not to renew an annual contract.

  1. During the trial period, non-renewal of an annual contract may be without implication of criticism or specification of cause.
  2. The reason for non-renewal will be stated, if so requested by the faculty member subject to non-renewal. The reason is only to be communicated if requested by the faculty member. The choice of the manner of notification (verbally or in writing) is to be made by the faculty member. The faculty member must request the reason for non-renewal prior to the end of the faculty member’s contract.
  3. Prior to non-renewal, the department head, or comparable administrator, must consult with the promotion and tenure committee of the department before any recommendation of non-renewal is forwarded to the dean. The consultation is to be in the form of a meeting and the department head or comparable administrator must identify the faculty member(s) at risk for non-renewal. In addition, the department head or comparable administrator must provide the committee with all relevant information, to the extent allowed by law, related to the non-renewal.
  4. Notification of the non-renewal is made in writing according to the following schedule:
    1. for faculty members in their first year of service at this university – 3 months or more before the end date of the annual contract;
    2. for faculty members in their second year of service at this university – 6 months or more before the end date of the annual contract;
    3. for faculty members who will have 3 or more years of service at this university at the time of nonrenewal – 1 year or more before the end date of the annual contract.
  5. A Contract Status Form must be processed by the department head for the nonrenewal of the annual contract prior to the deadlines established for notification. The employee should acknowledge receipt of such notification by dating, signing, and returning the Contract Status Form.