FACULTY/STAFF POLICY & PROCEDURE MANUAL

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2.3 Faculty Contracts and Appointments


2.3.1 Types of Contracts

2.3.1.1 Term Contracts

2.3.1.2 Probationary Contracts

2.3.1.3 Tenure Contracts

2.3.2 Employment Contract Information

2.3.3 Definitions of Contract Terms

2.3.4 Duration of Contracts

2.3.5 Faculty Appointments

2.3.5.1 Contracts of Employment

2.3.5.2 Types of Appointment

2.3.5.2.1 Regular Appointment

2.3.5.2.2 Shared Appointments

2.3.5.2.3 Joint Appointment

2.3.5.2.4 Dual Appointments

2.3.5.3 Policy for Re-employment of Faculty Retirees

2.3.1 Types of Contracts

Full–time faculty contracts are those designated as one (1.0) FTEF (full–time equivalent faculty) in accordance with Board of Supervisors guidelines. Part–time faculty contracts are those designated less than one (1.0) FTEF. Faculty contracts are of three types: “term,” “probationary,” and “tenure.” The basic, but not exclusive, distinctions among these contracts are as follows:

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2.3.1.1 Term Contracts

A full–time or part–time term contract is for a designated period and automatically expires at the end of that period. Re–employment of the faculty member after expiration of a term contract is solely within the discretion of the University. Term contracts are also used to provide compensation for probationary or tenure contract faculty who perform compensable duties not covered by probationary or tenure contracts.

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2.3.1.2 Probationary Contracts

A full–time probationary contract is for a designated period not to exceed one fiscal year and may be issued for a maximum of six academic years, subject to non–reappointment at the end of each designated period. Probationary contracts are also known as “tenure–track” contracts.

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2.3.1.3 Tenure Contracts

A full–time tenure contract is for a designated period not to exceed one fiscal year but gives the faculty member the constitutional right to continuous appointments until the faculty member resigns, retires, becomes permanently disabled, is dismissed for adequate cause, or is terminated pursuant to a reduction in force resulting from a bona fide financial exigency or from the formal discontinuance of a degree or program area. Tenure does not guarantee a right to rank, salary, or work assignment.

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2.3.2 Employment Contract Information

All faculty employment contracts shall be tendered subject to the availability of funds. Contracts shall include the following information:

  • type of contract and appointment (tenure status);
  • salary amount;
  • designation of program area(s);
  • designation of academic rank, academic title, or special academic status;
  • duration of contract;
  • special conditions (if any);

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2.3.3 Definitions of Contract Terms

For the purposes of the policies contained in this chapter, “academic year” shall mean that period of time encompassed by fall and spring semesters. “Fiscal year” shall mean July 1 to the following June 30. “Calendar year” shall mean January 1 through December 31. “Working day” shall mean any Monday, Tuesday, Wednesday, Thursday, or Friday during the calendar year that the University is officially open; however, in accord with University guidelines, “working day” may also include the other days of the week (as pertaining to the University Library, for instance). “Class day” shall mean any day during which classes are scheduled.

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2.3.4 Duration of Contracts

2.3.4 Duration of Contracts

Unless otherwise specifically defined in an individual contract of employment, contracts for the academic year shall be defined as:

9-month faculty – This appointment is considered to be continuous from the beginning of the fall Faculty Convocation, or three (3) working days before fall semester classes begin, through the spring semester commencement.

10-month faculty – This appointment is considered to be continuous beginning one week before each Faculty Convocation, or eight (8) working days before fall semester classes begin, and one week after the spring semester commencement.

Unless otherwise specifically defined in an individual contract of employment, contracts for the fiscal year shall commence on July I and end on the following June 30.

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2.3.5 Faculty Appointments

In policies, practices, and procedures related to faculty appointments, the University shall not engage in unlawful discrimination in employment against any person because of race, color, religion, sex, sexual orientation, national origin, age, disability, or veteran status. The University shall take affirmative action to employ protected class applicants and to treat all employees during employment without regard to their race, color, religion, sex, national origin, age, disability, or veteran status, in accordance with the laws of the United States and the State of Louisiana. Such action shall include, but not be limited to, affirmative efforts with respect to employment, promotion, retention, recruitment, or recruitment advertising; reduction in force, or termination; rates of pay or other forms of compensation; and selection for faculty development activities. Furthermore, the University shall post in conspicuous places notices setting forth the provisions of this policy.

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2.3.5.1 Contracts of Employment

Employment contracts are subject to approval by the President; all contracts are issued on official University forms and are contingent upon availability of funds. No offer of employment is valid and binding on the University until approved by the Board of Supervisors.

Continuing probationary and tenure contract faculty shall be provided contracts of employment for the ensuing academic or fiscal year on or before fifteen (15) working days after Board of Supervisors approval of the fiscal year budget. Probationary and tenure contracts must be signed and returned to the Department of Human Resources on or before fifteen (15) working days from the date of receipt.

If contracts are issued during the summer session or fifteen (15) days before the official beginning of the fall semester, faculty who are not on campus shall be granted an automatic extension that will end the first day following the official first day of class of the fall semester as posted in the University Catalog. Appeals of contracts terms shall also give the faculty member an automatic extension until the appeal is resolved through the normal due process channels established by this Manual. Faculty will continue to be paid under the terms of the offered contract as long as they perform the duties specified on the contract. All other exceptions to these timelines may be granted as long as extenuating circumstances are provided in writing to the University President.

Failure to return signed contracts in the time provided by this policy may void contracts.

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2.3.5.2 Types of Appointment

For contract purposes, faculty appointments are defined to include the following types:

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2.3.5.2.1 Regular Appointment

The term “regular appointment” refers to those full–time or part–time term, probationary, or tenure contracts held by one person.

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2.3.5.2.2 Shared Appointments

The term “shared appointment” refers to those part–time probationary or tenure contracts held by two people in a single authorized position. For the purposes of salary determination, promotion, tenure, performance assessment, and other personnel matters, individuals holding shared probationary or tenure appointments shall be subject to policies, procedures, and time–lines governing regular appointments. Shared appointments shall be approved by the President, based upon recommendations from the Vice President for Academic Affairs and the appropriate Dean and Department Head, and specifically so identified in the official University budget. Such appointments shall be made only when the credentials of the faculty members and/or the needs of the degree or program area so justify.

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2.3.5.2.3 Joint Appointment

The term “joint appointment” refers to those full–time or part–time term, probationary, or tenure contracts held by one person with specific contractual designation in more than one program area. For the purposes of salary determination, promotion, tenure, performance assessment, and other personnel matters, individuals holding joint appointments shall be assigned by the President, upon recommendation of the Vice President for Academic Affairs and the appropriate Deans and Department Heads, to a program area as determined by the percentage of workload or level of responsibility. Joint appointments shall be approved by the President, based upon recommendations from the Vice President for Academic Affairs and the appropriate Deans and Department Heads.

Such appointments shall be made only when the credentials of a faculty member and/or the needs of the degree or program area so justify. Available accrediting agency criteria for faculty will be used as guides for determining the appropriateness of the appointment.

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2.3.5.2.4 Dual Appointments

The term “dual appointment” refers to appointments that concern an individual who is working for two public agencies at the same time. Nicholls employees are to be reminded that Louisiana statute specifically defines situations and conditions for dual appointments. These statutes also place contract limitations on those situations where dual appointment is allowed. For instance, anyone on 100 percent employment at one agency cannot be contracted by another; if employed by two agencies, one of the contracts cannot exceed 75 percent. Faculty or staff, therefore, who are employed 100 percent at Nicholls cannot teach (unless adjunct) at another institution.

All employees should be aware of possible conflicts with dual appointment statutes and should consult with the proper agencies whenever a conflict may be possible.

Section titled Political Office of this Manual contains information about political office and dual appointment.

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2.3.5.3 Policy for Re-employment of Faculty Retirees

Reemployment of Faculty Retirees. The reemployment of faculty retirees shall be governed by the rules and regulations of the applicable State retirement systems and Board Rule C-III, Section II of the Board Rules. (Revised 10-24-08)

The Department of Human Resources should be consulted for guidance prior to the rehiring of retirees.

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Changes to Section of Manual
Section Effective Date Origin Change Form
2.3.4 08/31/2021 Academic Affairs University Policy and Procedure Change Form – 2.3.4 Duration of Contracts