Rule 31002: Notice of Nonrenewal to Nontenured Faculty Members

1.  Title

Notice of Nonrenewal to Nontenured Faculty Members

2.  Rule and Regulation

Sec. 1  Notice of Nontenured Faculty.  In the event of decision not to reappoint a nontenured faculty member in an academic rank specified in Rule 31007, Section 3 of the Regents’ Rules and Regulations written notice will be given to them not later than March 1 of the first academic year of probationary service if the appointment expires at the end of that academic year, or not later than December 15 of the second academic year of probationary service if the appointment expires at the end of that academic year. After two or more academic years, written notice shall be given not later than 30 days prior to the end of the then current academic year that the subsequent year will be the terminal academic year of appointment and a Memorandum of Appointment shall be provided to such faculty member in accordance with Texas Education Code Section 51.943. The notice required by this Section is not applicable where termination of employment is for good cause as defined in Rule 31008 of the Regents’ Rules and Regulations.

Sec. 2  Notice of Faculty on Term Tenure.  A faculty member serving a seven-year term appointment shall be given notice not later than 30 days prior to the end of the sixth academic year of such appointment period that the subsequent academic year will be the terminal year of employment or that, subject to the approval of the Board of Regents, at the conclusion of the subsequent academic year he or she will be reappointed to a seven-year term appointment. A Memorandum of Appointment shall be provided to such faculty member in accordance with Texas Education Code Section 51.943.

Sec. 3  Notice and Approval by President Required.  Upon expiration of an appointment period, reappointment of nontenured members of the faculty may be accomplished only by approval of the president of an institution. Reappointment of members of the faculty who are serving a seven-year term appointment to a succeeding seven-year term appointment may be accomplished only by notice by the president of an institution or his or her delegate. No nontenured member of the faculty shall expect continued employment beyond the period of his or her current appointment. Any commitment to employ a nontenured member of the faculty beyond the period of his or her current employment shall have no force and effect until approved by the president of the institution.

Notwithstanding any provisions of Rule 31007, Section 5 of the Regents’ Rules and Regulations, or Sections 1 and 2 of this Rule to the contrary, no person shall be deemed to have been reappointed or to have been awarded tenure or a seven-year appointment because notice is not given or received by the time prescribed in Rule 31007, Section 5 of the Regents’ Rules and Regulations, or Sections 1 and 2 of this Rule or in the manner prescribed in Section 1 of Rule 31003 of the Regents’ Rules and Regulations. Should it occur that no notice is received by the time prescribed in Rule 31007, Section 5 of the Regents’ Rules and Regulations, or Sections 1 and 2 of this Rule, it is the duty of the faculty member concerned to make inquiry to determine the decision of the president of an institution, who shall without delay give the required notice to the faculty member.

Sec. 4  Current Mailing Address.  Each faculty member shall keep the president of the institution or his or her delegate notified of his or her current mailing address. The written notice required by this Rule and Rule 31007, Section 5 concerning tenure shall be sent by certified mail, return receipt requested, to the last address given by the faculty member.

3.  Definitions

None

4.  Relevant Federal and State Statutes 

Texas Education Code Section 51.943– Renewal of Faculty Employment Contracts. 

5.  Relevant System Policies, Procedures, and Forms 

Regents’ Rules and Regulations, Rule 31001 – Faculty Appointments and Titles 
Regents’ Rules and Regulations, Rule 31007 – Tenure 
Regents’ Rules and Regulations, Rule 31008 – Termination of a Faculty Member 
The University of Texas Systemwide Policy UTS 198, Termination of a Faculty Member

6.  Who Should Know 

Administrators 
Faculty 

7.  System Administration Office(s) Responsible for Rule 

Office of Academic Affairs 
Office of Health Affairs 
Office of General Counsel 
Office of Human Resources 

8.  Dates Approved or Amended 

Regents’ Rules Revision History 

9.  Contact Information 

Questions or comments regarding this Rule should be directed to: 
•  bor@utsystem.edu