Adopted by resolution of the Board of Trustees, March 7, 1980,
Effective, July 1, 1980.
Amended June 7, 1985: Chapter II, Section 12, Paragraph 1.
Amended June 4, 1993: Chapter II, Section 4B, 1. c.
Amended September 15, 1995: Chapter I, Section 4; Chapter I, Section 5;
Chapter II, Section 8, D. 2; Chapter II, Section 13.
Amended June 2, 2006: Chapter I, Section 3.
Amended June 5, 2009: Chapter II, Section 6.
PREAMBLE TO THE UNIVERSITY STATUTES
The foundation of Boston College arose from the labor of the first Jesuit Community in New England, established at St. Mary's Church, in Boston, in 1849. In 1857, Reverend John McElroy, S.J., first Superior of the Jesuit Community at St. Mary's, purchased the land and erected the collegiate buildings on Harrison Avenue, in Boston, the location of the College for fifty years.
On April 1, 1863, the College received from the Commonwealth of Massachusetts a university charter empowering the Board of Trustees to confer degrees usually granted by colleges in the Commonwealth, except medical degrees. This single restriction in the Charter was removed by legislative amendment approved April 1, 1908.
Reverend John Bapst, S.J., was the first President of Boston College and inaugurated the program of collegiate instruction on September 5, 1864.
In 1907, Reverend Thomas I. Gasson, S.J., President, secured the land which is the site of the present campus at Chestnut Hill. In 1913, the College was moved to this campus, which lies partly in Boston and partly in the City of Newton.
On June 28, 1974, the campus and facilities of the former Newton College of the Sacred Heart on Centre Street in Newton, founded by the Society of the Sacred Heart in 1946, became part of Boston College.
The Schools and Colleges of the University and the dates of organization are as follows:
The College of Arts and Sciences, 1863
The Summer Session, 1924
The Graduate School of Arts and Sciences, 1925
The Law School, 1929
The Evening College of Arts, Sciences and Business Administration, 1929
The Graduate School of Social Work, 1936
The School of Management, 1938
The School of Nursing, 1947
The School of Education, 1952
The Graduate School of Management, 1957
As a university established by the Society of Jesus, Boston College is devoted to the moral and intellectual education of its students and to the general advancement of human understanding. It is founded on a belief in God the Creator and Redeemer who, by His example and teaching, and by the unique natural faculties He has bestowed upon mankind, provides for the guidance of human life. Its Jesuit faculty, so closely associated with both the religious and humanistic aspects of the University from the beginning, particularly manifests its dedication to this comprehensive quest for truth.
It is the purpose of Boston College to cultivate the attitudes and to provide the means essential to achieve:
- respect for truth as the primary concern of the academic community;
- freedom of inquiry as indispensable for attaining truth;
- a faculty of competent scholars and teachers to direct the process of student development;
- a curriculum that presents the content and the spirit of the liberal arts, in conjunction with academic specialization and professional education;
- an intellectual reflection on religious experience and a respect for its value within the educational enterprise.
Boston College welcomes to its community all persons, regardless of race, creed, color, sex, age, or handicap who respect its vision and desire to share in fulfilling its purpose.
The legal body Corporate of the University is the Board of Trustees with whom the President of Boston College sits ex officio. Subject to the General Laws of Massachusetts and the Charter of the Corporation, and in accordance with the Bylaws of the Corporation, the Board exercises ultimate authority over, and bears ultimate responsibility for, all acts of the Corporation. It has all necessary and convenient powers to direct and manage the business and affairs of the University including, but not limited to, the following:
- to elect and to remove the President of the University;
- to appoint and to remove other Officers of the University;
- to approve all major changes in the education policies and programs of the University;
- to approve the granting of all degrees in course and all honorary degrees;
- to enact and to amend the Statutes of the University;
- to enact and to amend rules and regulations for the orderly government of the University, including procedures for the enforcement of the same;
- to approve the establishment or disestablishment of official senates, councils, boards or organizations of administrative officials, of members of the faculty or student body of the University, and the constitutions thereof;
- to authorize the establishment or disestablishment of a school or college or major institute of the University;
- to concur in the appointment of a Dean of any School or College;
- to review and to take appropriate action respecting the budget of the University, which shall be submitted to the Board upon recommendation of the President;
- to authorize any changes in tuition, room or board within the University;
- to authorize the construction of new buildings and major renovations of existing buildings of the University;
- to authorize the sale and purchase or lease of land or buildings for the use of the University;
- to authorize and promote major fund-raising activities of the University;
- to authorize the President and the Treasurer of the University to accept gifts to the University, except that the acceptance of restricted gifts, which involve major obligations, must be ratified by a majority vote of the entire Board;
- to authorize the incurring of debts by the University and the securing thereof by mortgage and pledge of real and personal property, tangible and intangible, presently owned or to be acquired by the University;
- to constitute within the membership of the Board such committees as the Board may deem necessary or convenient.
Accordingly, the following University Statutes are promulgated by the Board of Trustees of Boston College for the government of the University.
THE UNIVERSITY STATUTES
CHAPTER I - UNIVERSITY OFFICERS AND ADMINISTRATION
The President shall be the chief executive and administrative officer of the University, subject to the direction of the Trustees of Boston College.
The Executive Vice President shall carry out those duties and responsibilities specified in the Bylaws of the Trustees of Boston College.
The Provost and Dean of Faculties, subject to the direction of the President, shall be responsible for the administration of all academic activities of the University and is charged with the academic leadership of the faculty. He shall, subject to the provisions specified in Chapter II, advise the President concerning the appointment and reappointment, promotion and tenure of faculty. He shall, after reviewing recommendations of Deans and/or Department Chairmen, make decisions regarding sabbatical leaves, University research grants, salaries and other contractual arrangements.
NB: In the interest of style, hereinafter the masculine personal pronoun, he, will generically denote both male and female gender.
The Financial Vice President is the chief financial officer responsible for oversight of all treasury, controller, budget, purchasing, risk management and internal audit functions of the University. His responsibilities shall include: implementation of proper internal controls and financial systems necessary to protect and safeguard the assets of the University; development and monitoring of annual operating and capital budgets; development of the long range financial plan; receipt, review, audit and payment of all accounts, grants and contracts; control custody and management of all assets and liabilities; compliance with federal, state and local government regulations relating to the financial management of the University; and other such duties as assigned by the President. The Financial Vice President will ensure that an annual audit of the books and records of the University is performed and such results reported to the President and the Board of Trustees.
The Vice President for Student Affairs, subject to the direction of the President, shall be responsible for activities and services, other than academic, affecting student life. His responsibilities shall include the following: administration of student services in health, housing, recreation, counseling and placement and career guidance; administration of extracurricular programs; promulgation of rules and regulations concerning the rights and responsibilities of students; maintenance of University judicial systems dealing with cases of non-academic discipline; and such other duties and responsibilities which may be assigned by the President.
The Vice President for University Relations, subject to the direction of the President, shall be responsible for development, public relations, alumni relations and such other duties and responsibilities which may be assigned by the President.
The Secretary shall carry out those duties and responsibilities specified in the Bylaws of the Trustees of Boston College.
The Treasurer shall carry out those duties and responsibilities specified in the Bylaws of the Trustees of Boston College.
Other vice presidents may be appointed by the Trustees of Boston College.
Each Officer of the University, hereinbefore mentioned, other than the President, shall be appointed for a term not exceeding four years, and shall be eligible for reappointment, until attaining the age specified by federal law at which mandatory retirement may become effective. Appointment beyond that age shall require the annual approval of the Board of Trustees.
The University Librarian shall be appointed by the President of the University and shall report to the Provost. He shall be responsible for the administrative and financial management of University libraries. His responsibilities shall include: staffing and maintenance of University libraries; selection, acquisition, processing and servicing of new materials; selection and disposition of materials to be deleted; and appointment of librarians and other senior staff members of the various University libraries.
The University Chaplain shall be appointed by the President to sponsor and direct activities and programs whose aim is to promote the religious and spiritual growth and well-being of the campus community. He shall coordinate and supervise the religious and spiritual counseling of students and staff members, provide for the liturgical needs of the community, and promote a vital religious climate in the University. The University Chaplain shall report to the President, or his designated representative, and shall appoint chaplains with the President's approval.
With the concurrence of the Trustees of Boston College, the President shall appoint Academic Deans of the Schools and Colleges of the University. In making such appointments, the President shall consider the recommendation of the Provost and Dean of Faculties, who shall have consulted broadly with the faculty members of the School or College to which the Dean is to be assigned. While the term of appointment as Dean shall be established in writing at the time of appointment, the Provost and Dean of Faculties shall conduct, in consultation with the faculty, a more extensive performance review of the individual's achievement after each five years of a Dean's incumbency.
As the chief executive officer of the School or College in which he holds appointment, the Dean shall be responsible to the Provost and Dean of Faculties for the administration of all programs and activities within such School or College. With the assistance of, and in consultation with the faculty, the Dean shall be responsible for planning, developing, coordinating and supervising curricula and programs. The Dean shall supervise the staffing and operation of all offices of academic administration within the School or College, and promote the academic achievement and enrichment of the student body. The Dean shall evaluate the teaching performance and professional achievements of faculty members, and encourage the conditions necessary for faculty excellence. The Dean, after consultation with appropriate faculty and/or Chairmen, shall annually submit to the Provost a proposed budget and administer all budgets assigned to the School or College. The Dean, or his designee, shall preside at all regular and special meetings of the faculty of the School or College. The Dean shall appoint such faculty committees as may be appropriate. In cooperation with appropriate faculty committees and, in Schools or Colleges with departmental structure, with the recommendation of the Chairmen of Departments, the Dean shall select and recommend candidates for appointment to the faculty. Upon nomination by the Dean, the Provost and Dean of Faculties may appoint Associate and Assistant Deans. Associate and Assistant Deans shall serve at the discretion of the Dean.
The President shall have the power to appoint such other administrative officials to serve the University as he may deem necessary or convenient for the efficient management of the business and affairs of the University in accordance with the Bylaws of the Trustees of Boston College.
A Department is an administrative and fiscal unit of one of the Schools or Colleges in an assigned discipline or area of instruction and research, operating under the direction of a Chairman. Those persons appointed to function within that area or discipline, and who hold faculty rank as defined in these Statutes, constitute its membership.
The Chairman shall normally be a faculty member from the Department, appointed for a three-year term by the Provost, subject to the approval of the President. The Provost shall make such appointments after consultation with the Dean and, in ordinary circumstances, after nomination by majority vote of the faculty of the Department.
The Chairman shall have responsibility for the administration of all matters, academic or otherwise, assigned as functions of the Department, including but not limited to: student advisement and guidance; recruitment, development and evaluation of departmental faculty members; the planning, coordination, supervision and implementation of all courses and programs of instruction within the Department's cognizance; and the conducting of appropriate meetings and the filing of appropriate reports.
The faculty of the University, as defined in Chapter II, Section 1, shall share with the Officers of administration responsibility for the effective operation of the Departments, Schools and Colleges of the University. The faculty shall play a role in decisions on the appointment and promotion of members of the faculty and in the appointment of the President, the Provost, Deans and Department Chairmen. The faculty shall share in the formulation of academic policy and planning decisions regarding their respective Department, School or College. In so doing, they shall play an active role in decisions regarding the development, revision and elimination of curricular offerings, academic standards, methods of instruction and standards of admission. Faculty members may make recommendations regarding proposals concerning the creation, consolidation, or elimination of departments, institutes or other academic or research units within individual Colleges or Schools and regarding proposals directed to the creation, consolidation or elimination of other major components of the University. Faculty bodies or individuals who carry out these responsibilities for particular policy and planning areas shall be, to the extent feasible, provided with information, sufficiently in advance of important decisions, to be able to cooperate effectively with appropriate University officials in the discharge of these functions.
The faculty consists of the President, the Provost and Dean of Faculties, the University Librarian, the Academic Deans, and those persons who hold contracts of appointment in the ranks of Professor, Associate Professor, Assistant Professor or Instructor. Visiting Professors are members of the faculty during the terms of their appointments. Professors and Associates Professors are senior members of the faculty; Assistant Professors and Instructors are junior members of the faculty.
The personnel practices and procedures set forth in this Chapter, however, shall not apply to those administrative officers named above in the conduct of their administrative positions.
The adjunct faculty consists of those persons holding instructional and/or research positions without contract of appointment to the faculty, as set forth in Section 1. This includes persons appointed on a part-time or short-term basis, or for the duration of a training or research grant. Such appointments shall be made by the Provost after consultation with the appropriate Chairman and/or Dean, and may be renewed.
Each adjunct faculty member shall have that title and those rights and privileges, consistent with all the provisions of the University Statutes, which are accorded by written agreement.
Adjunct faculty appointments may be made under the titles of adjunct professor, adjunct associate professor, adjunct assistant professor, adjunct instructor, lecturer, special lecturer, research professor, associate research professor, assistant research professor, and research instructor. Prior to the renewal of the term agreement of a full-time adjunct faculty member, the tenured faculty of the Department or School shall review the performance and status of the individual, and shall make their recommendation concerning reappointment to the appropriate Chairman and/or Dean.
Adjunct faculty possess rights and privileges relating to academic freedom. They are not eligible for tenure, nor are they eligible to vote on matters concerning promotion.
The composition of the faculty determines the academic excellence of Schools and Departments; furthermore, to a large extent the identity of the University depends upon the faculty. In faculty recruiting and promotion procedures, besides scholarly competencies, Boston College seeks ethical and professional qualities which are in keeping with the standards and goals of the University, and the needs of particular Schools or Departments.
The specific professional qualifications for the several faculty ranks are the following:
1. INSTRUCTOR:To qualify for the rank of Instructor, the candidate must have, as a minimum, the master's degree or its equivalent and plans for the proximate completion of the doctoral degree or its equivalent, and give promise of achievement as both teacher and scholar.
2. ASSISTANT PROFESSOR:To qualify for the rank of Assistant Professor, the candidate must possess the doctoral degree or its equivalent and give promise of, or have demonstrated, achievement as both teacher and scholar.
3. ASSOCIATE PROFESSOR:To qualify for promotion to the rank of Associate Professor, the candidate must have the qualifications for Assistant Professor and also must have demonstrated excellence in teaching, in recognized research and scholarly publications (or creative productions relevant to the discipline), and have a satisfactory record of University service, as elaborated in Section 7.
4. PROFESSOR:To qualify for promotion to the rank of Professor, the candidate must have the qualifications for Associate Professor and must also, in an assessment of teaching, recognized research and scholarly publications (or creative productions relevant to the discipline), and University service, as elaborated in Section 7, have demonstrated achievement that in the overall is distinguished.
A. Appointments to the faculty shall be of three kinds: regular term appointments made for a specified period of time; visiting appointments made for a specified period of time; and appointments with tenure made without limitation of time.
B. TERM APPOINTMENTS
1. REGULAR TERM APPOINTMENTS
a. Appointments to the rank of Instructor shall be term appointments for one year. The maximum length of time in this rank shall be four years.
b. Term appointments to the rank of Assistant Professor normally shall be for two years.
c. Term appointments to the rank of Associate Professor or Professor shall be for not more than four years and shall not be renewable.
No contract of appointment with limitation of time shall be granted for a term which would extend beyond the time at which a faculty member shall have accumulated seven years of full-time faculty service in institutions of higher education. Exceptions to this rule may be made in two circumstances: with the written agreement of both parties at the time of appointment that service beyond the seventh year of teaching experience shall not be grounds for a claim of de facto tenure or with the explicit written approval of the Provost, when prior to the year before the terminal year a faculty member has petitioned for an extension of the probationary period and the Provost has determined that special circumstances (such as a pregnancy-related disability) warrant such an extension.
2. VISITING APPOINTMENTS
Visiting appointments shall be made by the same procedures as regular term appointments of the same rank except that such appointments shall be for not more than two years and the total time in consecutive visiting appointments may not exceed three years. Service beyond the seventh year of teaching experience shall not be grounds for a claim of de facto tenure.
Visiting appointments shall not be offered to faculty members already holding regular term appointments at Boston College.
C. APPOINTMENTS WITH TENURE
Appointments with tenure shall be without limitation of time, until retirement, and shall be terminated by the University only for cause or for reasons of financial exigency or discontinuance of a program.
The granting of tenure to a faculty member holding a regular term appointment is a form of promotion and can only be effected by the procedures specified for promotion. New appointees to the faculty who hold tenure at another university are normally expected to agree in writing to a term appointment not exceeding four years, although review for tenure may be made earlier. If special circumstances appear to warrant granting an initial contract with tenure, relevant promotion procedures set forth in Chapter II, Section 8, shall be followed prior to appointment.
SECTION 5. ACADEMIC FREEDOM
A. UNIVERSITY COMMITMENT TO ACADEMIC FREEDOM
All persons serving in instructional or research capacities, whether faculty members or adjunct faculty, whether serving under full-time or part-time appointments, are guaranteed the enjoyment of academic freedom. They have not only the right, but also the duty, to participate fully in the search for and the communication of truth. It is the policy of Boston College to encourage full freedom in teaching, discussion, research and publication and to protect members of the faculty, whether tenured or non-tenured, against pressures and influences from within or from outside the University which would restrict them in the exercise of freedom.
B. FACULTY RESPONSIBILITY IN EXERCISING FREEDOM OF EXPRESSION
Academic freedom in no way lessens the responsibility of faculty members to the strictest canons of scholarship and respect for truth. In the classroom, a faculty member is entitled to freedom in instruction, but should not persistently intrude material which has no relation to his subject.
According to accepted standards of the academic profession, while faculty members speaking or writing as citizens should be free from institutional censorship or discipline, their special position in the community imposes special obligations. As scholars and educational officers, they should be aware that the public may judge their profession and their institution by their utterances. Hence, they should at all times be accurate, exercise appropriate restraint, show respect for the opinion of others, and make it clear when they are not institutional spokesmen.
A. Term contracts for faculty members shall be written to expire on May 31.
B. Prior to March 1 of each year, the President shall give notice, in writing, of his intention to renew contracts made with limitation of time. Non-reception of such notice, however, shall not be grounds for a claim to reappointment.
C. Faculty members with a one-year contract, in the first year of service at Boston College, whose contracts are not to be renewed, shall be notified on or before March 1. Those in their second year of service whose contracts are not to be renewed shall be notified on or before December 1. All other faculty members whose contracts are not to be renewed shall be notified at least one year prior to the expiration of their contracts. A notice that the University does not intend to renew a contract shall be regarded as effective even if the faculty member may be considered for tenure during the terminal year.
D. CRITERIA FOR FACULTY REAPPOINTMENT
Term contracts for specified periods of time confer no right of renewal upon the faculty member. In a decision whether or not to reappoint, two fundamental considerations involved in the decision shall be the qualifications of the faculty member and the needs of the University.
- The qualifications of the faculty member include not only the characteristics specified for initial appointment to rank (Section 3A-D), but also performance as a teacher, research and publications, contributions to the work of the Department, School or College, and University service. The faculty member shall be evaluated not only from the point of view of past performance but also in terms of the prospects of future contributions as a member of the faculty.
- The needs of the University involve the projected plans of the University, School or Department in terms of fields of specialization, curricula and research programs, enrollments and availability of competitive faculty candidates.
E. PROCEDURES FOR RENEWAL OF FACULTY CONTRACTS
The tenured senior members of the Schools and Colleges shall annually consider the qualifications of those faculty members in their respective Departments, Schools or Colleges, whichever is applicable, who may be eligible for contract renewal. In doing so, they shall review, for each faculty member under consideration, all aspects of the criteria set forth in Sections 3 and 6D. The tenured senior members shall meet to discuss these matters and shall vote whether or not to recommend renewal. The vote shall be made known to the voting group. Each Department Chairman shall, in Schools or Colleges where applicable, submit to the Dean a written report of the recommended decisions, and the reasons advanced during the discussion in support of or in opposition to the decision, as well as his own recommendation. The Deans shall submit similar reports to the Provost.
SECTION 7. PROMOTION POLICY
A. The term "promotion" includes promotion in rank and the granting of tenure. Promotion of an individual may consist of promotion in rank, or the granting of tenure, or both.
Promotion in rank and the conferral of tenure are granted or declined upon the basis of: (a) evaluations of academic achievement proportionate to the rank under consideration as set forth in Section 3; (b) satisfactory fulfillment of the duties and manifestation of personal and professional standards of the faculty set forth in Section 9; (c) reasonable expectation that these achievements will continue in the future; (d) the determination that the granting of promotion or tenure is consistent with the needs and plans of the Department, School or College, and the University as a whole.
B. In applying these standards, the Promotion Committees, established in Section 8D of these Statutes, shall form their evaluations as follows:
1. Academic achievement, the chief criterion for promotion, is comprised of excellence in the areas of teaching, research and publications.
a. Research and scholarly publication shall be judged by the standards of excellence generally accepted by scholars expert in the field in question. In making their judgments, Committees shall obtain opinions as to the quality of scholarship and its excellence as an academic or scholarly work from experts in the field from within the University and, where it is judged necessary or desirable, from scholars outside the University known to be highly skilled in the field.
b. Excellence in teaching shall be judged by interpreting evaluations of the candidate's teaching skills from students in courses taught by the candidate, as well as by informed reports from members of the Department.
2. Fulfillment of the more generalized responsibilities of the faculty shall be judged upon the basis of reports from the Department and other colleagues throughout the University with and for whom the candidate has worked in the varied aspects of faculty duties. In judging this performance, the Committee shall, in all cases, seek to determine whether or not the candidate has demonstrated the colleagueship necessary to an academic community, and a satisfactory level of departmental and college service. Such service shall be considered unsatisfactory to the extent that it manifests a consistent record of refusal to carry out legitimate administrative requests for service or an unreasonable unwillingness to carry one's appropriate share of departmental and collegiate obligations of a service character.
3. In determining whether or not the requested promotion is consistent with the needs of the University, the Committee shall consider the projected needs of the Schools or Departments in the areas of academic specialization, of curriculum or research programs and of adapting instructional staff to changing enrollment patterns. The Committee shall also review the needs of the School or Department in light of the distribution of its faculty by rank and tenure status, as well as plans for improvement of its academic quality. The Committee's determination of University needs shall include a judgment that the proposed promotion generally reflects the University's commitment to seek out the highest levels of academic excellence.
C. The weight given to each of these factors in the overall evaluation may vary in the several Schools. However, all of the above considerations must be included in every promotion decision and unsatisfactory performance in any of the areas enumerated in Section 7A may be reason for declining promotion. Among strictly academic accomplishments, although promotion requires excellence in the areas of teaching, research and publications, distinction in one area may be balanced against less distinguished achievement in another. In cases where accomplishments in accord with other statutory criteria are present, but to a degree inadequate to the rank under consideration, compensatory weight may be accorded to performance of significant service to the University, to one's profession or to society at large. However, in no case is promotion to be recommended without a determination that the candidate has demonstrated excellence in teaching.
A. SCOPE OF APPLICATION
- The procedures presented in this Section shall be followed whenever a faculty member is considered for promotion to the rank of Associate Professor or Professor and/or to tenure. These procedures shall not be used in promotion from Instructor to Assistant Professor. Appointments to the rank of Assistant Professor shall be made by the Provost after recommendation by the Dean of the appropriate School or College.
- In unusual circumstances, promotion and tenure decisions may be made under these procedures at other than the regularly scheduled times.
- If an individual, who has an ex officio role in the promotion process, is under consideration for promotion, the Provost shall appoint a faculty member to perform that part of his duties relating to the promotion process for that year. If a Department Chairman or Dean is an untenured faculty member, he shall, in any case where a member of his Department, School or College is being considered for tenure, be replaced by a tenured faculty member appointed by the Provost.
B. PRELIMINARY PROCEDURES
- The Chairmen of Departments, where applicable, and Deans, where applicable, shall, in consultation with all tenured faculty members senior to candidates for promotion, review each year before October 15, the promotion status of all faculty members within the Department, School or College. The Chairman of each Department, where applicable, shall submit to the Dean of the School or College, by or about October 15, a statement either that this review has been accomplished or the reasons why, under unusual circumstances, it could not be done. In the latter case, the Dean shall appoint a committee of not less than five senior tenured faculty members, at least three of whom shall be from disciplines related to that of the faculty members being evaluated; and this committee shall conduct the review.
- After review of promotional status, the Chairmen of Departments, where applicable, and Deans, where applicable, shall make known to all faculty directly involved in the process, the names of those chosen to be considered under the full promotion procedure. A faculty member not so named, who is not in the final year of a terminal contract, may request in writing that his name be added to the list, which request shall be granted. A faculty member whose name is on the list may request in writing that he not be considered, and such request shall be granted. Once the list of candidates is established, the Chairman or Dean shall initiate the next stage of the review process. Each candidate for promotion shall provide to the appropriate Chairman or Dean, for review by all relevant committees and individuals, a dossier that includes a current curriculum vitae, a summary of recent teaching activities, an account of current and projected research, a complete list of publications and materials submitted for publication, and a list of University and other services. If a Department wishes to consult persons outside the University, it must give the candidate an opportunity to suggest names of those who may be consulted. One of the candidate's nominees must be among those from whom the Department solicits opinions.
- By or about November 1, the Chairman or Dean shall transmit in writing to the Provost the list of all candidates for promotion and tenure. The Deans of the Schools and Colleges shall submit the names of the Promotion Committee to the Provost.
C. EVALUATION OF CANDIDATES BY DEPARTMENT, SCHOOL OR COLLEGE
The Chairmen of Departments, where applicable, and Deans, where applicable, shall ensure that the following procedures are carried out:
- If possible, a student committee or committees, as deemed appropriate by the student body directly interested, shall prepare an opinion or opinions on each faculty member being considered for promotion whose duties include teaching and advising. Representatives of this committee or these committees shall meet with the Chairman or Dean and senior tenured faculty members of the Department, School or College to discuss the report or reports. There shall be available at this meeting a summary of recent course evaluations by students of the faculty members under consideration.
- The Chairman, where applicable, or Dean, where applicable, shall arrange a meeting of the tenured senior faculty members of the Department, School or College. At this meeting, the tenured senior faculty shall discuss and vote upon the question of recommendation for promotion of each Assistant Professor and untenured Associate Professor who is a candidate for promotion. The Chairman or Dean shall report on the results of his consultation with all junior and untenured faculty members of the Department, School or College, to determine their opinions and recommendations on each candidate for promotion to be considered at this meeting. The tenured senior faculty shall review the dossiers of all Assistant Professors and untenured Associate Professors who are candidates for promotion, along with the reports of the students and the Chairman's or Dean's written summary of the judgments of the junior and untenured faculty. The tenured senior faculty, including those unable to attend, shall be polled on each Assistant Professor and untenured Associate Professor who is a candidate for promotion, and the vote of each individual shall be recorded.
The Chairman or Dean shall also arrange a meeting of the tenured Professors. The tenured Professors shall discuss and vote upon the question of recommendation for promotion of each tenured Associate Professor and untenured Professor who is a candidate for promotion. Prior to this meeting, the Chairman or Dean shall have consulted with the Assistant and Associate Professors and untenured faculty to determine their opinions and recommendations on each candidate for promotion to be considered at this meeting. The tenured Professors shall review the dossiers of all tenured Associate Professors and untenured Professors who are candidates for promotion along with the report of the students and the Chairman's or Dean's written summary of judgments of the Assistant and Associate Professors and untenured faculty. The tenured Professors shall take into account all of the criteria mentioned above. All tenured Professors shall be polled on each tenured Associate Professor and untenured Professor who is a candidate for promotion.
By or about November 15, a record of the results of these meetings, including the votes cast by individual faculty members, shall be sent to the appropriate Promotion Committee by the Chairman or Dean along with his recommendation on each candidate and the records of the consultation with non-voting faculty members and students.
D. PROMOTION COMMITTEES
- Each School and College within the University shall establish a Promotion Committee, of which the Dean shall act as Chairman. The Committee shall, if possible, have at least four members other than the Dean who shall be from among the tenured faculty of the School or College. The members of the Committee shall be elected in the spring and shall serve two-year terms. The terms of office shall be arranged so that, as nearly as possible, one-half of the terms expire each year. At least three members of the Committee shall hold the tenured rank of Professor, except in Colleges and Schools with an insufficient number of faculty members of that rank. In the latter case, when an Associate Professor is considered for promotion to Professor or an untenured Professor for tenure, the Dean shall request the Provost to appoint an appropriate number of tenured Professors from cognate disciplines to constitute an ad hoc Promotion Committee with the Dean as Chairman.
- In the College of Arts and Sciences, the Dean of the Graduate School of Arts and Sciences shall be a voting member of the Promotion Committee.
- The Provost shall participate in the final deliberations on the promotion of each faculty member being considered by each Committee, but shall vote only in the event of a tie vote.
- The Committee shall employ the judgment of qualified members of the University community and also may consult with qualified scholars outside the University. The Committee may also receive written statements from individual faculty members of the College, School or Department, in support of or advising against a possible promotion being considered.
- After reviewing the full record on each candidate, the Committee shall determine whether each candidate shall be recommended for promotion, in the light of the criteria of Sections 3, 7 and 9.
- The Chairman of the Committee shall prepare a written report of the actions of the Committee, the reasons therefore, including any comments which its members wish to include, and shall, after review of the report by the members of the Committee, transmit it to the President of the University not later than January 15.
E. DECISION BY THE PRESIDENT
- If the President questions or disapproves any recommendation, he shall notify the appropriate Committee and convene a meeting to discuss the case. If, after the meeting, the President disapproves the recommendation, he shall forward to the appropriate Committee, no later than February 15, a letter stating the reasons for his disapproval.
- The President shall communicate notice of his decision to each faculty member who has been considered for promotion and to the appropriate Dean and/or Chairman.
All promotions and tenure proceedings are confidential in nature, and all persons participating in the process shall respect this confidentiality by refraining from any disclosure of the proceedings or their results.
A. Faculty members have as their principal responsibility the discovery, organization and communication of knowledge. As members of the Boston College faculty, they have responsibility for supporting the University's academic and human values and for observing standards of professional relationship consonant with those values. More specifically, the responsibilities of the faculty shall include:
- TEACHING RESPONSIBILITIES
- competent fulfillment of teaching duties in assigned courses;
- involvement of students in the learning process;
- fair treatment of every student;
- maintaining an atmosphere conducive to appropriate learning;
- observance of academic regulations concerning course schedules, examinations, cancellation of classes, submission of grades and changes of grades;
- the preparation, proctoring and correction of student examinations;
- the direction and evaluation of student papers, dissertations, reports and projects;
- the regular academic counseling and advisement of students; faculty members are to publish and maintain adequate office hours and are to be familiar with the curriculum and academic requirements of their School or College.
- competent fulfillment of teaching duties in assigned courses;
- RESEARCH AND SCHOLARSHIP RESPONSIBILITIES
- involvement in scholarly research;
- scholarly publication.
- involvement in scholarly research;
- UNIVERSITY SERVICE RESPONSIBILITIES
- participation in departmental meetings, attendance at commencements, convocations and faculty meetings called by the School or College or University;
- service on Department, School or College, and University committees;
- where appropriate by reason of need, opportunity and expertise, service to the larger civic, social and cultural community.
1. Teaching in another institution by a full-time faculty member shall not be permitted except by written approval of the Provost. Such approval may be given for a period not to exceed one academic year for any one request.
2. Non-teaching professional service outside the University shall not interfere with the fulfillment of faculty responsibilities and shall not exceed the equivalent of one day per week. For any work of a continuing or regular nature, annual approval by the Provost is required.
- participation in departmental meetings, attendance at commencements, convocations and faculty meetings called by the School or College or University;
SECTION 10. TERMINATION AND SUSPENSION OF A FACULTY MEMBER
A. TERMINATION BY A FACULTY MEMBER
A faculty member shall notify the University as early as possible of his determination not to renew a contract without limitation of time. At a minimum, the faculty member shall notify the University within 30 calendar days of being informed of his appointment for the following year.
B. TERMINATION BY THE UNIVERSITY
Termination of an appointment with tenure or of a term appointment prior to its expiration shall be effected by the President for adequate cause as follows:
1. TERMINATION DUE TO FINANCIAL EXIGENCY OR DISCONTINUANCE OF A PROGRAM
Where termination of appointment is based upon financial exigency or upon bona fide discontinuance of a program or Department of instruction, faculty members whose tenured or term contracts will suffer foreshortening by at least 12 months shall be given notice, or in lieu thereof, shall be given severance salary for one academic year. Before terminating an appointment because of discontinuance of a program or Department of instruction, the University shall make serious efforts to place affected faculty members in other suitable positions. When a tenured appointment is terminated because of financial exigency or because of the discontinuance of a program of instruction, the released tenured faculty member's position shall not be filled by a replacement within a period of two years, unless the released faculty member has been offered reappointment and a reasonable time within which to accept or decline it.
2. TERMINATION BY DISMISSAL
Unless it can prove cause for termination, the University shall terminate neither the appointment of a tenured faculty member, prior to his retirement, nor the appointment of a faculty member, who is employed under a contract with limitation of time, before expiration of that contract.
a. violation of the terms of the contract of employment or failure to meet the responsibilities set forth in Section 9 of this Chapter, "Faculty Responsibilities";
b. commission of a crime of violence or moral turpitude;
c. misconduct which clearly demonstrates a violation of the standards of behavior generally accepted in the Boston College community and the levels of professional trust required among the College's academic professionals;
d. abandonment or serious neglect of duties of the academic profession including, without limitation, the duty to maintain levels of skill and information and to provide courses of instruction which meet the academic standards of the individual's discipline.
The President may suspend a faculty member only for a specified time, not to exceed one academic year, and only in those cases in which immediate harm to the Boston College community or to the faculty member is threatened by his continued presence.
- When a faculty member is suspended the President shall, if it is appropriate to the circumstances, assign him to other appropriate duties.
- When a faculty member is suspended, he shall be paid his regular salary during the period of suspension.
When a faculty member is suspended, and no termination proceedings against him have been commenced by the University, the faculty member and the University may agree to the modification or suspension of the payment of regular salary.
[Where limitation of time is specified, number of days refers to University working days, unless otherwise noted.]
A. CLASSIFICATION OF PROCEDURES WHICH SHALL BE EMPLOYED FOR VARYING TYPES OF CASES
1. The procedures set forth in Section 11B shall apply to cases involving dismissal for cause or cases involving faculty members who have failed to attain tenure in circumstances where the University is obliged either to award tenure or provide formal notice of non-reappointment. Faculty members who, by way of exception, receive promotional consideration during the final year of a term appointment but fail to attain tenure, may employ the review procedures of Section 11B2.
2. The procedure set forth in Section 11C shall apply to cases involving all other faculty grievances, including cases of promotion not covered in Section 11B2.
B. PROCEDURES APPLICABLE TO CASES OF DISMISSAL FOR CAUSE AND TO CASES OF FAILURE TO REAPPOINT WITH TENURE (AS DESCRIBED IN 11A1)
1. CASES INVOLVING DISMISSAL FOR CAUSE
a. The Presiden for cause shall take effect until all internal appeals, which the faculty member wishes to utilize, have been completed.
c. A faculty member wishing to appeal a termination for cause shall request, within 10 days of receipt of notice, an informal conference with the President. If the matter is concluded by mutual consent at this point, the President shall confirm the agreement, in writing, to the faculty member setting forth the disposition agreed upon.
d. If the matter is not resolved through the conference method, the parties to the dispute may agree to a submission of the controversy to one or more mutually acceptable mediators chosen from within the University or from any outside academic community. If the proposal of the mediator(s) is accepted by both parties, the President shall confirm the disposition of the case, in writing, to the faculty member.
e. If the faculty member is not satisfied with the results of the informal methods of resolution set forth above, he shall request, within 10 days and in writing, that the President commence formal proceedings before the Faculty Hearing Committee. Within 10 days of receipt of such a request, the President shall notify the Chairman of the Faculty Hearing Committee that a formal hearing shall be convened. The Chairman shall convene the Faculty Hearing Committee at the earliest date convenient for all parties.
f. At least 10 days prior to the date of the first meeting of the Faculty Hearing Committee, the President shall transmit to the Chairman, with a copy to the faculty member, a clear and precise statement of the grounds for the University's decision to dismiss the faculty member for cause.
g. At least 5 days prior to the date of the first meeting of the Faculty Hearing Committee, the faculty member shall transmit to the Chairman, with a copy to the President, an answer to the President's statement setting forth a summary of his grounds for appeal, together with the names of any members of the Faculty Hearing Committee whom the faculty member wishes to challenge for bias, prejudice or personal interest in the proceedings, and the specific grounds for any such challenge.
(1) The Chairman shall determine the sufficiency of the challenges.
If the Chairman is challenged, the Committee shall elect a member not so challenged to act in his place in determining the sufficiency of the challenge.
(2) If the Chairman finds the challenge sufficient he shall appoint the appropriate alternate member from the same School or College, or if that is impossible, another alternate member to replace the challenged member.
h. The Faculty Hearing Committee shall conduct its proceedings in accordance with the requirements of Section 12.
The University shall bear the burden of proving that the cause stated for termination exists.
i. The Faculty Hearing Committee shall consider the evidence and shall render its judgment, in writing, as promptly as possible to the President and faculty member, recommending those actions which the Committee believes appropriate in view of its findings. The written judgment shall include the reasons for rejecting any substantial arguments or evidence introduced by the parties.
j. If the President or the faculty member is dissatisfied with the judgment of the Committee, either may request, within 30 calendar days after receipt of the opinion of the Committee, a review by the Board of Trustees.
(1) The President shall transmit to the Board of Trustees the full judgment of the Committee.
(2) The Board of Trustees may, in its review, consider the full record of hearings, and shall in its discretion permit the authorized representative of the President and the counsel for the faculty member to present oral and written arguments.
(3) If the judgment of the Committee is sustained, the action shall be final as to all parties.
(4) If the Board of Trustees disagrees with the judgment of the Committee, it shall return it, specifically noting its objections. The Committee shall reconsider its judgment, taking account of the stated objections and receiving new evidence as it determines is necessary. It shall then make its final judgment, and send it to the President who shall forward it to the Board of Trustees. The Board of Trustees shall review the Committee's reconsideration and make its final decision sustaining or overruling the Committee.
2. CASES INVOLVING FACULTY MEMBERS WHO HAVE FAILED TO ATTAIN TENURE IN CIRCUMSTANCES WHERE THE UNIVERSITY IS OBLIGED EITHER TO AWARD TENURE OR PROVIDE FORMAL NOTICE OF NON-REAPPOINTMENT
a. A faculty member who believes that a failure to reappoint with tenure, in the circumstances described above, has violated, with prejudice, rights established by these Statutes, or is not based on credible reasons, may request a conference with the Provost. The faculty member will be advised orally, during this conference, of reasons which contributed to the promotional decision and, if he so requests, a written statement of reasons will be provided. If these communications fail to resolve the issue, the faculty member may request a conference with the President, seeking his reconsideration of the promotional decision. This request shall be made in writing, within 10 days of the conference with the Provost, and shall state the purpose of the conference. The President shall respond, setting the date for the conference, which shall be as soon as conveniently possible, but in no event more than 15 days from the date of the request. At the conference, the faculty member shall describe the facts which give rise to his belief that his rights have been violated. The President shall communicate his decision on the reconsideration to the faculty member in writing within 10 days, if possible, of the conference.
b. If the faculty member is not satisfied with the decision of the President, after the foregoing procedure has been completed, he may deliver to the President a written request that the case be placed before the Faculty Review Panel. Such a request shall be made not later than 10 days after the receipt of the President's decision on reconsideration. Upon receipt of a request that a case be placed before the Faculty Review Panel, the President shall notify the Chairman of the Panel of the pendency of the case and request the Chairman to convene a Faculty Review Committee.
c. The Chairman of the Faculty Review Panel shall, within 10 days of notification by the President of the pendency of the case, communicate in writing to the faculty member the names of the Chairman and other members of the Faculty Review Committee which will consider the case, and a date, no more than 15 days later, when that Committee will hold its first meeting with the faculty member.
d. Not later than 10 days prior to the date of the first meeting of the Faculty Review Committee, the faculty member shall submit to the Chairman of that Committee and the President a clear and precise statement of his claim of violation of rights as well as a description of the facts underlying those claims.
e. At the same time, the faculty member shall submit to the Chairman the names of any members of the Review Committee whom the faculty member wishes to challenge for bias, prejudice or personal involvement in the proceeding.
(1) The Chairman shall determine the sufficiency of the challenges.
If the Chairman is challenged, the Committee shall elect a member not so challenged to act in his place in determining the sufficiency of the challenges.
(2) If the Chairman finds the challenge sufficient, he shall request that the Chairman of the Faculty Review Panel appoint an alternate member of the Panel to the Faculty Review Committee.
f. The Review Committee shall conduct an investigation of the claims of violation made by the faculty member. It shall, to the extent necessary, have access to all persons who have participated in the promotions process and to all information, documentary and otherwise, which has been used during, or generated by, the promotions process. Where appropriate, the Committee may conduct interviews to determine facts under such procedures as it may adopt. In the interest of preserving the informality of these proceedings, persons interviewed shall be accompanied by legal counsel only with the prior approval of the Review Committee.
g. After investigation, the Review Committee shall, normally within 30 calendar days of its first meeting with the faculty member, either:
(1) recommend prompt reconsideration of the faculty member's candidacy for reappointment with tenure to the Promotion Committee and the President; or
(2) dismiss the case.
h. The Review Committee shall recommend reconsideration if it concludes that there is probable cause to believe that the decision not to reappoint the faculty member with tenure was not based upon credible reasons, or was attributable, in whole or in part, to:
(1) non-conformance with the procedural requirements of these Statutes;
(2) bias against the faculty member;
(3) violations of academic freedom.
i. If the Review Committee recommends reconsideration, it shall issue a report to the faculty member, the Promotion Committee and the President explaining the reasons for this recommendation, and setting out any additional recommendations which may be appropriate for assuring that the reconsideration complies with the requirements of these Statutes.
j. If the Review Committee concludes that the case should be dismissed, it shall issue a report to the faculty member, the Promotion Committee and the President, stating the reasons for its rejection of the faculty member's claim or claims.
k. The issuance of such a report, pursuant to paragraphs 2i or 2j above, shall end the jurisdiction of the Review Panel and the Review Committee over the case.
l. Invocation by the faculty member of the procedures set out in this Section shall not, in itself, serve to modify the date of termination.
C. PROCEDURES APPLICABLE TO GRIEVANCES
- A faculty member who believes that he is aggrieved in a matter including but not restricted to promotion, non-reappointment other than that specified in 11B2, salary or benefits and has exhausted other internal remedies, shall petition the Faculty Grievance Committee within a reasonable time following notice of the University action giving rise to the complaint.
- The petition shall set forth the reasons why the faculty member believes that his grievance did not receive adequate consideration, was rejected for arbitrary or improper reasons, or was not handled according to University policies and procedures.
- The Grievance Committee shall conduct an investigation of the claims of violation made by the faculty member, and shall decide whether or not the allegations merit a detailed investigation. Where appropriate, the Committee may conduct interviews to determine facts under such procedures as it may adopt. In cases of grievance regarding promotion, it shall, to the extent it deems necessary, have access to all persons who have participated in the promotions process.
- The Grievance Committee shall determine whether the decision of the appropriate faculty body or administrative officer was the result of adequate consideration, in terms of relevant standards of the University, with the understanding that the Committee shall not substitute its judgment on the merits for that of the faculty body or administrative officer.
- After this deliberation, the Faculty Grievance Committee shall
a. request, in writing, reconsideration by the faculty body or administrative officer when the Committee believes that adequate consideration was not given to the faculty member's qualifications or claims. In such instances, the Committee shall indicate the respects in which it believes the consideration may have been inadequate.
b. issue a written dismissal of the case.
6. The Grievance Committee shall provide copies of its decision and report to the faculty member, the relevant faculty body or administrative officer, and the President. Such Committee reports normally shall be filed within 30 calendar days of receipt of the grievance. If requested the relevant faculty body or administrative officer shall reconsider the case expeditiously. Initiation of grievance procedures or any decisions of the Committee shall not, in themselves, modify the effective date of termination.
7. The Committee shall re-open the case and forward a report and recommendation to the President, when, upon a new petition of the aggrieved faculty member, the Committee concludes that its determination was not implemented adequately.
A. FACULTY HEARING COMMITTEE
- There shall be a Faculty Hearing Committee which shall have the responsibility for conducting hearings in cases involving the dismissal of a faculty member.
- The Faculty Hearing Committee shall be a committee of eleven members and eleven alternates. One member and one alternate each shall be elected by the faculties of the School of Education, the Law School, the School of Management, the School of Nursing, and the Graduate School of Social Work. Six members and six alternates shall be elected by the faculty of the College of Arts and Sciences.
- Members shall be elected by the faculty, as that term is defined by Section 1, except for visiting faculty, in each School from among the tenured faculty of the School or College, in accordance with the election procedures of the School or College.
- Members and alternates of the Faculty Hearing Committee shall be elected to one-year terms in time to begin their service on January 1 of each year. However, where a case extends into a new calendar year, such terms will continue until the completion of the case.
- The Chairman of the Faculty Hearing Committee shall be elected by and from among the members of the Committee.
- Proceedings before the Faculty Hearing Committee shall be conducted in conformity with the following requirements.
a. The President shall be entitled to appear at all proceedings before the Committee or its hearing panels. He may be represented by other University officers or by counsel.
b. Faculty members presenting cases to the Committee may be represented by counsel, and may have the advice and assistance of an academic advisor.
c. The Committee may request persons who are members of the University faculty, administration, staff or students to appear before it as witnesses. The Committee shall assist a faculty member to obtain the appearance of such witnesses.
d. Either party to a proceeding before the Committee may submit documentary or physical evidence and testimony of witnesses. The Committee shall require the parties to restrict their cases to the issues raised in the initial statement and the answer thereto. The Committee may rule on the relevance of evidence offered or sought by either party.
e. The Committee shall consider only the evidence before it. Both parties or their representatives shall be present during the presentation of evidence and no testimony or documents shall be received unless the party against whom it is submitted is permitted an opportunity to review it and present evidence to contradict it. These proceedings shall not be bound by the rules of evidence. The faculty member or his counsel, and the President, his representative or his counsel, shall have the right, within reasonable limits set by the Committee, to question all witnesses who testify at any hearing. The Committee may question any witnesses and may call witnesses of its own. It may suggest to either party that additional evidence is necessary to prove particular points.
f. A verbatim record, at least electronic, of the proceedings before the Committee shall be taken and a copy provided by the University to the faculty member.
g. These proceedings shall be kept confidential. They shall also be closed to the press and public.
- The Faculty Hearing Committee shall establish other rules of procedure which shall not be inconsistent with any of the provisions of the University Statutes.
B. FACULTY REVIEW PANEL AND FACULTY REVIEW COMMITTEE
- The Faculty Review Panel shall be a panel of nine members elected at large by the faculty, as that term is defined in Section 1, from among the tenured faculty of the University. The election shall be conducted by the Provost in accordance with rules that he shall prescribe.
- Each member shall be elected to the Review Panel for a three-year term in time to begin service on January 1 of the year following election. After initial elections, terms shall be staggered, so that three members shall be elected each year.
- The Chairman of the Faculty Review Panel shall be elected by and from among the members of the Panel.
- Normally, the Chairman shall divide the Faculty Review Panel into three Faculty Review Committees each with three members. As cases for Review Committee consideration are received by the Chairman, he shall assign each to a Review Committee. In assigning cases, the Chairman should consider the value to be accorded to experience in the administration of the review process, as well as the work burdens placed on members.
- Where circumstances suggest, such as illness or incapacity of a member, or a successful challenge by a petitioner to the impartiality of a member, the Chairman of the Faculty Review Panel may assign a member of one Review Committee to serve on a different Committee for the consideration of a particular case.
- In each case, the Faculty Review Committee shall select its own Chairman.
- Each Faculty Review Committee shall conduct its proceedings informally, subject to any rules of procedure consistent with these Statutes, which it may choose to adopt.
- All proceedings involving a Faculty Review Committee shall be kept confidential. Proceedings shall be closed to the press and public.
- In matters in which an issue of law arises, the Faculty Review Committee may seek the advice of independent legal counsel.
C. FACULTY GRIEVANCE COMMITTEE
- The Faculty Grievance Committee shall be a committee of five members and three alternates elected at large by the faculty, as that term is defined in Section 1, from among the tenured faculty of the University. The election shall be conducted by the Provost in accordance with rules that he shall prescribe.
Members and alternates of the Faculty Grievance Committee shall be elected for two year staggered terms. Elections shall be held in order that the terms of service may begin on January 1 of each year.
- The Chairman of the Faculty Grievance Committee shall be elected by and from among the members of the Committee.
- The Faculty Grievance Committee shall conduct its proceedings informally, subject to any rules of procedure consistent with these Statutes, which it may choose to adopt.
- All proceedings involving the Faculty Grievance Committee shall be kept confidential. Proceedings shall be closed to the press and public.
An appointment without limitation of time shall automatically terminate at the end of the academic year during which the faculty member attains retirement age. The retirement age for members of the faculty shall coincide with the threshold age at which retirement may be made mandatory by any federal or state law. For purposes of this Section, the academic year shall be deemed to begin on September 1 and to end on August 31 of the succeeding year.
A member of the faculty who has reached retirement age, may, after consultation with the appropriate Chairman, department senior faculty and Dean, and the Provost, be retained on the faculty at the discretion of the President on such terms and conditions as may be agreed upon by them and by such member.
Terms of the University's policies on sabbatical leaves, faculty benefits and privileges, and emeritus status shall be found in the University's Faculty Handbook.