VI. Appendix: The T.C. Williams School of Law Personnel Policies and Procedures

This Appendix in its entirety must be consistent with University principles stipulated under "Evaluation for Personnel Decisions" (Chapter III, Section C).  Revisions to a school's section of this Appendix may be proposed by a majority vote of the particular school's faculty, and transmitted by the Dean for separate majority vote by the University Faculty.  The Provost and President then transmit the proposed revisions for vote by the Board of Trustees.

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A.  Standards and Procedures for Reappointment, Promotion, and Tenure
B.  Standards and Procedures for Reappointment, Promotion, and Long-Term Appointment for Academic Success Program Faculty
C.  Standards and Procedures for Reappointment, Promotion, and Long-Term Appointment for Clinical Faculty
D.  Standards and Procedures for Promotion and Long-Term Appointments for Law Library Director as a Faculty Member

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A. Standards and Procedures for Reappointment, Promotion, and Tenure

As members of a law school faculty, we are committed to our continuing professional growth and development. To assist us in that process, evaluations for reappointment, promotion, and tenure are necessary. They help us continue to progress as professionals, and they advance the law school in its pursuit of excellence.

A law professor should continue to develop teaching skills and scholarship over an entire career. To determine whether a faculty member is meeting, and is likely to continue to meet, these primary expectations of professional development, evaluations for reappointment, promotion, and tenure will be conducted according to the following standards and procedures:

1. Standards for Evaluation

a. Teaching
Teaching and scholarship are inseparable. Teaching should reflect depth of research, high standards of accuracy and creativity, precision in analysis, clarity in language and organization, and a spirit of healthy inquiry into the values and assumptions that underpin law and society.

Different individuals are effective teachers for different reasons; it is not possible to define each of the essential components of teaching effectiveness. The following factors, however, shall be considered when we evaluate a candidate's teaching: ability to communicate, enthusiasm for teaching and for interaction with students, degree of preparation for class, breadth and depth of relevant knowledge, thoughtful and creative organization of both individual class sessions and overall course content, ability to stimulate students to learn and to seek further knowledge independently, capacity to direct student work inside and outside the classroom, ability to devise methods of determining a student's progress and achievement appropriate to the courses taught, ability to stimulate students to engage in creative work, accessibility to students, and demonstrated interest and involvement in students' welfare. Circumstances such as teaching load, number of contact hours, class size, subject matter, methodologies, preparation of teaching materials, and years of experience will be considered in the evaluation.

b. Scholarship
In any law school, the expectation is that a member of the faculty will engage in disseminating the results of current research in law and legal institutions. Research is important both to advance knowledge and to improve teaching. Scholarship is an important part of every law professor's professional activity throughout an entire career. In the evaluation process, we seek to determine the promise that the faculty member has in scholarship. The evaluation process itself is not to be the impetus for the scholarship. Scholarship must be self-initiated and self-sustained.

Activity showing a career-long commitment to scholarship should begin early. As part of the application for promotion from Assistant Professor to Associate Professor, the applicant must submit at least one published scholarly work of high quality and at least a draft of another scholarly work which promises to be of high quality. As part of the application for promotion from Associate Professor to Professor and for the award of tenure, the applicant must submit at least four published scholarly works of high quality (which may include published scholarly works previously submitted as part of the application for promotion to Associate Professor). Co-authored works will be considered to the extent that authorship can be attributed to the applicant.

As used in this context, a scholarly work typically will mean a work which reflects originality, creativity, intellectual inquiry, and which advances the knowledge and understanding of legal matters. It must be published in a law journal of an ABA-approved law school, as a chapter in a book, as a book, in a peer-reviewed academic journal, or in a peer-reviewed academic monograph.

Among the works not considered within the minimum necessary for promotion or tenure are casebooks, course books, contributions to annual surveys of the law, articles in association or committee journals and newsletters, case notes, student comments, CLE outlines, simulation exercises, video- or audio-tapes, and computer software. However, published or widely distributed materials of these types will be considered in the overall evaluation of scholarship.

c. Service
A law faculty member should be involved in the affairs of the law school, the University, the legal profession, and the community to a degree commensurate with the demands of teaching and scholarship.

A faculty member is expected to serve the law school by performing committee assignments within the school, by assisting and advising student organizations and individual students, and by helping to improve the quality of the academic environment. Inherent in a law professor's professional and academic responsibility are mutual respect, collegiality, and courtesy to colleagues, students, and staff, as well as professional conduct in all aspects of a law professor's service. A faculty member is expected to attend faculty and committee meetings and to assume responsibilities for improving the law school. A law faculty member is also expected to contribute to the University at large through, for example, service on committees and in programs or interdisciplinary projects. A faculty member is expected to contribute publicly and professionally to the legal profession and the community. When we consider activities outside the University, we will look only at those which draw on professional ability. These may be in connection with a bar association or other professional, governmental, or community organization. They may also be bono representation, amicus brief preparation, or similar uncompensated service.

What is important in measuring such activities in relation to reappointment, promotion, and tenure is the quality of service and the depth of involvement. Organizational membership itself or peripheral involvement will not be significant in our assessment.

2. Procedures for Annual Review of Non-Tenured Members of the Faculty and Recommendations Regarding Reappointment

The professional development of each member of the full-time faculty who is not tenured will be assessed every year. Additional procedures for the evaluation of applicants for promotion and/or tenure are set out in Section 3 of this document. The provisions of Section 3 supersede the provisions of this Section only if they explicitly and expressly require other procedures.

If the faculty member is not an applicant for promotion and/or tenure, the purpose of the annual review will be to provide the non-tenured faculty member with feedback on her or his progress toward meeting the standards for promotion and tenure stated in this document, and to provide supportive guidance and direction toward the successful completion of the promotion and tenure process. Except for the years in which the faculty member is an applicant for promotion and/or tenure, the annual review will not ordinarily result in any recommendation regarding the faculty member's reappointment or future status, although at the request of the Dean, the Chair of the Promotion and Tenure Committee, or the faculty member, such a recommendation will be made.

The Chair of the Promotion and Tenure Committee will appoint a subcommittee of three tenured faculty members for each non-tenured faculty member. Ordinarily, at least one member of a subcommittee will be changed each year. Each member of a sub-committee will: 1) attend classes taught by the faculty member; 2) review the faculty member's scholarly works while in progress and when published; and 3) otherwise monitor the faculty member's professional development. The subcommittee may review student evaluations and discuss the faculty member's work with others in the faculty member's field.

The subcommittee shall meet with the faculty member at least once each academic year to discuss the faculty member's professional development and to counsel the faculty member. If the faculty member is on a tenure track, the subcommittee will discuss the degree to which her or his performance meets the standards for promotion and tenure stated in this document. However, no statements made by any member of the sub-committee will control the Promotion and Tenure Committee's decision as to promotion and/or tenure.

Each subcommittee will make a prompt and concise report to the Promotion and Tenure Committee. All members of the Promotion and Tenure Committee who are not members of the subcommittee are encouraged to make their own annual evaluations of the professional development of each non-tenured faculty member, to share their evaluations with the faculty member, and to provide assessments to the Promotion and Tenure Committee. The Chair of the Promotion and Tenure Committee will annually evaluate each non-tenured faculty member, communicate to each non-tenured faculty member the report of the subcommittee, and provide a written assessment to the Promotion and Tenure Committee.

The subcommittee will, at the request of the faculty member, the Chair of the Promotion and Tenure Committee, or the Dean, make a recommendation to the Promotion and Tenure Committee regarding the faculty member's reappointment. Any other person may make a recommendation to the Dean and/or the Promotion and Tenure Committee regarding the faculty member's reappointment, and such recommendations will be considered.

3. Procedures for Promotion and Tenure

a. Responsibilities of the Applicant
The faculty member who is an applicant for promotion and/or tenure should revise and update a curriculum vita. The applicant should also prepare information that may be used by the Promotion and Tenure Committee, the Dean, the Provost, and the President of the University to evaluate teaching effectiveness. This information should include a list of courses taught at the law school and elsewhere, syllabi, supplementary materials prepared by the applicant, reading lists and reserve reading assignments, final examinations and practical exercises (including any analysis prepared by the applicant), other materials developed by the applicant which indicate a creative approach to the curriculum or to teaching methods, a list of any conferences, workshops, or other professional meetings, and any plans developed by the applicant for continued growth as a teacher. Student course evaluations, including written comments by students, will be considered by the Promotion and Tenure Committee and the Dean. The applicant may also provide her or his own interpretation of course evaluations.

The applicant should also prepare information on achievements as a legal scholar. The package of materials submitted to the Promotion and Tenure Committee and the Dean should include copies of scholarly works and other evidence of scholarly pursuits. The applicant is invited to nominate three or more experts in her or his field or fields for assessment of the applicant's scholarly work. Because others in the applicant's field may also be contacted, the applicant is invited to identify those whom he or she does not want to be approached for evaluation. The applicant is invited to submit a concise statement about each item of scholarship which outlines its goals and/or achievements. This statement may also be transmitted to outside assessors. The applicant should also outline research and scholarship plans for the next three to five years.

The applicant is encouraged to submit any additional information that he or she deems relevant to the promotion or tenure decision.

b. Promotion and Tenure Committee Process
During evaluation for promotion and/or tenure, members of the Promotion and Tenure Committee are encouraged to visit the classes of the applicant to assess teaching effectiveness. The Promotion and Tenure Committee will acquaint itself with the applicant's scholarly works. A subcommittee of the Promotion and Tenure Committee will be appointed for each applicant. That subcommittee will have the responsibility for a more in-depth evaluation and to prepare a draft report for the Promotion and Tenure Committee. In addition to their personal judgments on the applicant's scholarly works, the subcommittee may rely on written evaluations by outside experts in formulating a judgment on the applicant's scholarly achievements and potential. The subcommittee will also review the activities of the applicant to form a judgment on her or his teaching and service to the law school, the University, the profession, and the community. The subcommittee will submit a draft report to the Promotion and Tenure Committee embodying a written recommendation on the applicant for consideration by the full Promotion and Tenure Committee. The Promotion and Tenure Committee will submit a written report and recommendation to the Dean for delivery to the Provost.

The applicant's application for promotion and/or tenure will be evaluated solely on the standards in this document, regardless of: 1) any prior discussions with, statements made by, or promises made by any member of the faculty or any other person, or 2) any failure by the subcommittee, the Promotion and Tenure Committee, the Chair of the Promotion and Tenure Committee, or any other person to follow the procedural rules contained in this document.

c. Procedures to be Followed by the Dean of the Law School
The Dean will prepare a separate evaluation of the applicant's teaching, scholarship, and service. In making a recommendation regarding promotion or tenure, the Dean will rely on both her or his independent evaluation and the written report and recommendation prepared by the Promotion and Tenure Committee. The Dean will not ordinarily make a recommendation contrary to that of a substantial majority of the Promotion and Tenure Committee.

4. Confidentiality

Except as provided in this paragraph, or as required by University policy or law, the information obtained by, and the written reports, written assessments, and oral deliberations of, any subcommittee or the Promotion and Tenure Committee will not be released to any person who is not a member of Promotion and Tenure Committee. At the request of the faculty member, the Promotion and Tenure Committee may, at its option, release any or all of the information and reports unless such release would violate University policy or law. The Promotion and Tenure Committee will release any information, reports and assessments necessary for the promotion and/or tenure process. The faculty member will be given a copy of any report made by the Promotion and Tenure Committee. To the extent permitted by University policy, the faculty member will be given a copy of any written information or assessment regarding her or him unless the person who provided the information or assessment requested that the information or assessment remain confidential. All deliberations of a subcommittee or the Promotion and Tenure Committee will remain confidential.

5. Effective Date

This document, and the standards and procedures contained herein, become effective on January 1, 1991.

B. Standards and Procedures for Reappointment, Promotion, and Long-Term Appointment for Academic Success Program Faculty

1. The academic success program faculty member typically will begin service as an assistant professor for academic success and will serve a three-year probationary period during which he or she will receive renewable one-year appointments.  Each year the faculty member will be reviewed for reappointment by the Promotion and Tenure Committee and the Dean. Nothing in this paragraph shall preclude making an offer of employment to a qualified individual at the associate or full professor for academic success levels.  Faculty appointed at these levels may request early consideration, based on their prior experience, for three or five year appointments.  Denial of an early award of a long-term appointment shall not preclude subsequent application.

2.  During the fall of the third year of the probationary period, the academic success program faculty member will be eligible to be considered for a three-year appointment and promotion to associate professor for academic success.  The review process by the Promotion and Tenure Committee and the Dean will parallel the review process for tenure-track faculty members contained in the Faculty Handbook.  The standards for promotion and long-term appointment status will be the following:  (a) the Law School's need for the faculty member's services; (b) excellence in program administration, including the quality of the program offerings, the effectiveness of the program, the contributions of the program to quality of student life at the law school, and the effectiveness of the program faculty member's interaction with faculty, staff, students, administrators, and alumni; (c) excellence in teaching; and (d) excellence in service.   Once an academic success program faculty member has received a long-term appointment, annual reappointment reviews will be unnecessary.

3.  At the beginning of the sixth year of service, an associate professor for academic success will be eligible to be considered for another three-year term and  promotion to professor for academic success. The review process and the standards described in paragraph 2 also will apply at this stage.

4.  At the beginning of the ninth year of service and every five years thereafter, a professor for academic success will be eligible for a presumptively renewable five-year appointment. The Promotion and Tenure Committee and the Dean will apply the standards outlined in paragraph 2 in making their recommendation.  There will be a presumption in favor of appointment renewal upon a showing of excellence in performance of the responsibilities set forth in paragraph 2 above.

5.  Our present academic success program faculty member should receive credit towards her probationary period for the time already served.  When such faculty member next becomes eligible for promotion, she will be eligible to be considered for a three-year appointment.

6.  During any appointment period, the appointment may be terminated only pursuant to the policies set forth in the University Faculty Handbook.  Any decision not to grant or renew an appointment shall also be governed by the policies set forth in the University Faculty Handbook for such decisions.

7.  The academic success program faculty member shall have the same voting privileges as tenured and tenure track faculty, except that he or she does not vote on appointment matters regarding tenured and tenure track faculty. All other perquisites of employment for academic success program faculty, except for sabbatical leave, will be the same as for tenure track and tenured faculty.

8.  In the event that the academic success program is terminated pursuant to the sunset review, these procedures will not apply and the faculty member's appointment may be terminated by the University effective at the conclusion of the last academic year of the program.  If the faculty member is terminated under this provision, he or she will be given notice no later than February 1 during the final academic year of the program.  If the faculty member is terminated under this provision, his or her position will not be filled by a replacement within three years of termination unless the faculty member is offered the opportunity for reappointment without loss of seniority and a reasonable time within which to accept.

C. Standards and Procedures for Reappointment, Promotion, and Long-Term Appointment for Clinical Faculty

1.  Clinical faculty members will typically begin their service as assistant clinical professors and will serve a three-year probationary period during which they will receive renewable one-year appointments.  Each year they will be reviewed for reappointment by the Promotion and Tenure Committee and the Dean. Nothing in this paragraph shall preclude making an offer of employment to a qualified individual at the associate clinical or full clinical professor levels.  Faculty appointed at these levels may request early consideration, based on their prior experience, for three- or five-year appointments.  Denial of an early award of a long-term appointment shall not preclude subsequent application.

2.  During the fall of the third year of the probationary period, clinical faculty members will be eligible to be considered for a three-year appointment and promotion to associate clinical professor.  The review process by the Promotion and Tenure Committee and the Dean will parallel the review process for tenure-track faculty members.  The standards for promotion and long-term appointment status will be the following:  (a) the Law School's need for the faculty member's services; (b) excellence in teaching; and (c) excellence in service.  Once a clinical faculty member has received a long-term appointment, annual reappointment reviews will be unnecessary.

3.  At the beginning of the sixth year of service, an associate clinical professor will be eligible to be considered for another three-year term and promotion to clinical professor. The review process and the standards described in paragraph 2 also will apply at this stage.

4.  At the beginning of the ninth year of service and every five years thereafter, a clinical professor will be eligible for a presumptively renewable five-year appointment. The Promotion and Tenure Committee and the Dean will apply the standards outlined in paragraph 2 in making their recommendation.  There will be a presumption in favor of appointment renewal upon a showing of excellence in performance of the responsibilities set forth in paragraph 2 above.

5.  Our present clinical faculty should receive credit towards their probationary period for the time they have already served.  When such faculty members next become eligible for promotion, they shall be eligible to be considered for three-year or five-year appointments, as appropriate to their respective lengths of service.

6.  During any appointment period, the appointment may only be terminated pursuant to the policies set forth in the University Faculty Handbook.  Any decision not to grant or renew an appointment shall also be governed by the policies set forth in the University Faculty Handbook for such decisions.

7. Clinical faculty members, including those in their probationary period, shall have the same voting privileges as tenured and tenure track faculty, except that clinical faculty do not vote on appointment matters regarding tenured and tenure track faculty.  Once a clinical faculty member has reached the full professor level, he or she shall participate in promotion and reappointment reviews of clinical faculty members at the assistant and associate level, include voting on those decisions.  All other perquisites of employment for clinical faculty, except for sabbatical leave, will be the same as for tenure track and tenured faculty.

D. Standards and Procedures for Promotion and Long-Term Appointments for Law Library Director as a Faculty Member

1. Faculty Rank

The Director of the Law Library is eligible for appointment to the faculty with faculty rank as well as faculty status.  The Director may be appointed to the faculty as an Assistant Professor of Law, Associate Professor of Law, or Professor of Law, depending on his or her qualifications.

2. Promotion

If the Law Library Director is initially appointed at the rank of Assistant Professor, he or she may apply for promotion during or after the third full year of service, or at such earlier time as was agreed to with the Dean.  He or she may apply for promotion from Associate Professor to Professor at any time during or after the third full year following the promotion from Assistant Professor to Associate Professor.  If the Director is initially appointed at the rank of Associate Professor, he or she may apply for promotion to professor during or after the third full year following the date of hire, or at such other time as is agreed to with the Dean.

The procedures used to evaluate an application by the Law Library Director for promotion will be the same as those used to evaluate applications for promotion by tenure-track faculty members.  The criteria for promotion are as follows:

a.  Excellence in administration of the library, including without limitation the following:
          (1)  Quality of library operations;
          (2)  Effectiveness of library administration;
          (3)  Development of the library collection, including non-traditional resources;
          (4)  Development of access to off-campus library resources;
          (5)  Effectiveness in supervising and directing library personnel;
          (6)  Effectiveness in utilizing available financial resources; and
          (7)  Effective interaction with faculty, students, staff and administrators.

b. Excellence in carrying out any assigned teaching responsibilities. While the Library Director is not required to teach in order to be eligible for promotion, the Law Library Director should demonstrate competence in carrying out any teaching responsibilities assigned.  Teaching should reflect depth of research, high standards of accuracy and creativity, precision in analysis, clarity in language and organization, and a spirit of healthy inquiry into the values and assumptions that underpin law and society.  Different individuals are effective teachers for different reasons; it is not possible to define each of the essential components of teaching effectiveness. The following factors, however, shall be considered in evaluating a candidate's teaching: ability to communicate, enthusiasm for teaching and for interaction with students, degree of preparation for class, breadth and depth of relevant knowledge, thoughtful and creative organization of both individual class sessions and overall course content, ability to stimulate students to learn and to seek further knowledge independently, capacity to direct student work inside and outside the classroom, ability to devise methods of determining a student's progress and achievement appropriate to the courses taught, ability to stimulate students to engage in creative work, accessibility to students, and demonstrated interest and involvement in students' welfare. Circumstances such as teaching load, number of contact hours, class size, subject matter, methodologies, preparation of teaching materials, and years of experience will be considered in the evaluation.

c. Excellence in contributions to the Law School, the University, and the legal profession, including contributions to scholarship. As a member of the faculty, the Law Library Director is expected to be an active member of the Law School and the University community. The Director is also expected to be professionally active outside the University, especially with regard to matters involving legal education, law libraries, and information technologies.  Inherent in the Director's professional and academic responsibilities are collegiality and courtesy to colleagues, students, and staff, as well as professional conduct in all aspects of the Director's service. The Director is expected to attend faculty and committee meetings and to assume responsibilities for improving the Law School. Although not required for promotion, contributions to the body of scholarly literature and the production of instructional materials will be viewed favorably in the promotion decision.

3. Appointments

The Law Library Director holds two kinds of appointments.  His or her administrative appointment as Director is continuing in nature and is terminable at will by the University.  His or her faculty appointment is for fixed terms of one or more years, as specified in the Director's annual reappointment letter setting his or her salary for the next academic year.

The first three years of the Library Director's appointment as a faculty member typically will serve as the probationary period during which he or she will be eligible for renewable one-year terms as a faculty member.  Each year he or she will be reviewed for reappointment as a faculty member by the Promotion and Tenure Committee and the Dean.  Reappointment will be based on performance and the Law School's needs.  If the Director's initial appointment is at the rank of Associate Professor or Professor, however, he or she may request early consideration for a three-year term, or a five-year term, based on his or her prior experience.  Denial of an early award of a multi-year term shall not preclude subsequent application.

After the probationary period, the Director will be eligible for a three-year term as a faculty member.  Consideration for such term should normally coincide with consideration for promotion, and the criteria shall be the same as those for promotion.  At the beginning of the sixth year of employment and every five years thereafter, the Director will be eligible for a presumptively renewable appointment to a five-year term as a faculty member.  Reappointment to a five-year term shall be determined according to the same criteria and procedures that govern applications for promotion.  There will be a presumption in favor of appointment renewal upon a showing of excellence in performance of the responsibilities set forth in Paragraph 2 above.

During any one-, three- or five-year term, the Director's appointment as a faculty member may be terminated only pursuant to the policies set forth in the University Faculty Handbook.  Any decision not to grant or renew the Director's faculty appointment shall also be governed by the policies set forth in the University Faculty Handbook for such decisions.

The Law Library Director shall have the same voting privileges as tenured and tenure-track faculty, except that the Director does not serve as a member of the Promotion and Tenure Committee and does not vote on promotion and tenure matters.  All other perquisites of employment for the Director, except for sabbatical leave, will be the same as for tenure-track and tenured faculty.