CHAPTER 14A – REGULAR CLINICAL-TRACK FACULTY APPOINTMENTS, REAPPOINTMENT AND NONREAPPOINTMENT, AND PROMOTION

14A.01. Preamble. This chapter of the Faculty Rules of the Moritz College of Law is a supplement to Chapter 3335-7 of the Rules of the University Faculty (Rules of the University Faculty Concerning Clinical Faculty Appointment, Reappointment and Nonreappointment, and Promotion),, applicable guidelines of the Office of Academic Affairs procedural guidelines relating to regular clinical-track faculty matters, and any additional policies established by the University. Should those rules and policies change, the Moritz College of Law shall follow those new rules and policies until it updates this chapter to reflect the changes.

14A.02. Definition. Regular clinical-track faculty appointments to the faculty of the College of Law are fixed-term contract appointments that do not entail tenure. Regular clinical-track faculty are teacher/practitioners who will be engaged primarily in teaching activities related to: (a) law courses or instructional situations involving representation of live clients, resolution of actual disputes, applied skills in legislative bodies, governmental agencies or departments, and other applied practice areas, (b) courses or instructional situations involving the simulation of problems and circumstances related to the representation of live clients, or (c) courses or instructional situations involving professional skills.

14A.03. Titles. Persons appointed to the regular clinical track at the College of Law shall be given the title of “assistant clinical professor of law,” “associate clinical professor of law,” or “clinical professor of law.”

14A.04. Criteria for Appointment as a Regular Clinical-Track Faculty Member. Persons appointed to the regular clinical track shall have relevant practice and occupational experience in their areas of expertise and strong potential in all relevant areas of clinical or skills teaching, such as: (a) supervising students in a clinical or skills setting; (b) handling cases and other matters assigned through the clinical programs; (c) classroom teaching; (d) conforming to the ethical standards of applicable codes of professional responsibility; (e) engaging in public service; (f) expanding understanding of the law through preparation of written materials; and (g) maintaining knowledge in the faculty member’s areas of expertise. Persons appointed to the regular clinical track normally will have a J.D. degree or its equivalent and will be experienced, skillful attorneys or mediators, with high professional ethical standards. Other than in exceptional circumstances, they must be admitted to, or eligible for admission to, the practice of law in the State of Ohio and in the federal courts.

14A.05. Procedures for Appointment as a Regular Clinical-Track Faculty Member.

A. Search for Candidates. The College shall engage in an extensive search for the most qualified persons for appointment to regular clinical-track positions. It shall make vigorous efforts to ensure that a diverse pool of highly qualified candidates is considered.

B. Clinical-Track Appointments Committee. The Dean shall appoint a Clinical- Track Appointments Committee, when necessary, to recommend the appointment of suitable candidates to the regular clinical faculty track at a specified rank. Student and staff members of the Regular Clinical-Track Appointments Committee shall be entitled to attend and participate in discussion at the relevant faculty meeting. Student and staff members shall not be entitled to vote on the actual appointment by the faculty, notwithstanding their right to vote in committee. The committee’s recommendations will be made to the faculty.

C. Faculty Review of the Regular Clinical-Track Appointments Committee Recommendations.

1. Participating Faculty. Recommendations to the Dean concerning appointment of candidates to the regular clinical track shall be made by all faculty members holding the rank of assistant professor, associate professor, professor, assistant clinical professor, associate clinical professor, or clinical professor.

2. Vote Required. The faculty will review the Clinical-Track Appointments Committee’s recommendation. After this review, the faculty may, by affirmative vote of an absolute majority of those faculty members not on leave, make a recommendation to the Dean for the appointment of regular clinical-track faculty. “Leave” means professional development or similar academic leave, extended leave of absence, or permanent assignment to a full-time position outside the college. However, a faculty member on leave who attends a meeting shall be entitled to vote at that meeting. A leave of absence is “extended” if it lasts or is reasonably expected to last at least two weeks due to military leave, family emergency, serious health condition, or other circumstances referred to by the Family and Medical Leave Act. At the outset of a meeting at which voting will occur on appointments, the Dean shall announce the number of faculty members comprising an absolute majority of those not on leave and, upon request, the basis for that calculation. For each vote under this rule, the Dean shall announce the number of affirmative and negative votes and abstentions, but, unless directed by the faculty, shall not record the number in the minutes.

3. Presence Required for Vote. All votes shall be cast in person; proxy and absentee voting shall not be permitted.

4. Secret Ballot. Voting on nominations for regular clinical-track faculty appointments shall be by secret written ballot.

5. Notice of Meeting. All persons entitled to attend, participate, or vote under the provisions of the Faculty Rules applicable to regular clinical-track faculty appointments shall be notified of any meeting to consider appointment recommendations at least four days prior to such meeting and shall receive documentary background information on the candidate in advance of the meeting.

D. The Dean’s Decision. The Dean will decide whether to approve, disapprove, or modify the faculty’s recommendation.

E. Recommendations Concerning Rank. The faculty’s recommendation to the Dean may include approval of a recommendation for appointment to the rank of associate clinical professor of law or clinical professor of law. If the Dean accepts the faculty’s recommendation with respect 96 to academic rank, or independently determines that the candidate should be given the academic rank of associate clinical professor of law, or clinical professor of law, then the Dean’s recommendation with respect to academic rank shall be reported to the Office of Academic Affairs, which is required by University Rule 3335-48-06 to separately approve such appointment before it becomes final.

14A.06. Term of Appointment.

A. Duration of Contract. Contracts for appointment to the regular clinical track must be for a period of at least three years and no more than five years.

B. Probationary Contracts. The initial contract is probationary and a faculty member will be informed by the end of each probationary year as to whether she or he will be reappointed for the following year. By the end of the second to final year of the probationary contract, the faculty member will be informed as to whether a new contract will be extended at the conclusion of the probationary contract period. In the event that a new contract is not extended, the final year of the probationary contract is the terminal year of employment. There is no presumption that a new contract will be extended. In addition, the terms of a contract may be renegotiated at the time of reappointment.

C. Non-probationary Contracts. During the second and subsequent contract periods, regular clinical faculty appointments may only be terminated for cause (see University Faculty Rule 3335-5-04) or financial exigency (see University Faculty Rule 3335-5-021) and the termination decision for either of these reasons shall result from procedures established by applicable University or College faculty rules. In addition, a contract may be renegotiated during a contract period only with the voluntary consent of the faculty member. By the end of the second to final year of each contract period, the faculty member will be informed as to whether a new contract will be extended at the conclusion of the current contract period. If a new contract is not extended, the final year of the current contract is a terminal year of employment. While under University Rule 3335-7-06(c), there is no presumption that a contract will be extended for another term, it is expected that a clinical faculty member who meets the obligations of the position with regard to teaching and service will be reappointed to a new contract. Terms of the contract may be renegotiated at the time of reappointment.

14A.07. Annual Review, Reappointment/Nonreappointment Review, Promotion Review.

A. Procedures for Annual Review. Annual reviews of regular clinical-track faculty shall be conducted pursuant to Rule 14.04A. In addition, the Dean, at his or her discretion, may request peer review of any clinical-track faculty member. In the event that the Dean requests such review, it shall include the criteria specified in Rule 14.06.B.1.c.

B. Participants in Review During Probationary Contract Period. During the course of each year of the probationary period, the work and service of the clinical-track faculty member shall be reviewed by the Dean with the assistance of and in consultation with the Director of Clinical Programs, the director(s) of the program(s) or project(s) in which the person being reviewed serves, if any, or any other person the Dean designates, for the purpose of determining whether the contract will be continued for the next year.

C. Final Probationary Review Committee.

(i) The review during the second to final year of the probationary contract period under subsection B, above, shall be conducted by a Clinical Faculty Review Committee comprised of the Associate Dean for Faculty, Director of Clinical Programs, the director(s) of the program(s) or project(s) in which the person being reviewed serves, if any, and any other person the Dean appoints. Probationary clinical-track faculty may not serve on the committee. The Committee’s review will include assessment of all relevant factors, as demonstrated in the process of (1) supervising legal interns, legislative interns and mediation students, (2) the handling of cases and other matters assigned through the clinical programs, (3) providing timely and effective feedback on students’ legal writing, (4) classroom teaching, (5) conforming to the highest ethical and professional standards, (6) engaging in public service, (7) expanding understanding of the law through preparation of written materials, and (8) maintaining knowledge in the faculty member’s areas of expertise. The committee shall make recommendations to the faculty concerning reappointment and promotion of probationary, clinical-track faculty members.

(ii) The faculty shall consider the committee’s recommendation and, by majority vote, shall make its own recommendation to the Dean concerning reappointment and promotion of clinical-track faculty members. Faculty eligible to consider and vote on the recommendation are tenure-track faculty holding at least the same rank as that to which the promotion is proposed and clinical-track faculty holding at least the same rank as that to which the promotion is proposed, excluding the Dean and Assistant or Associate deans of the College, the Executive Vice President and Provost, and the President..

(iii) The Dean shall determine, based on all relevant information, whether or not to reappoint the person being reviewed and, when appropriate, whether to recommend promotion. As required by University Rule 3335-7-08, the Dean’s decision shall be final with respect to the reappointment and nonreappointment. The Dean’s decisions with respect to promotion shall be forwarded to the executive vice president and provost, who shall review the decision consistent with the review procedures established for tenure-track faculty including those set forth in rule 3335-6-04. Any decision of the executive vice president and provost shall be final.

D. Eligibility and Procedures for Promotion. A person initially appointed to the faculty at the rank of assistant clinical professor normally shall be first considered for promotion to the rank of associate clinical professor during the faculty member’s fourth year of service. A person at the rank of associate clinical professor normally is eligible for consideration for promotion to clinical professor during his or her third year of service as associate clinical professor. All reviews for clinical-track promotion shall be conducted pursuant to the procedures and factors set forth in Rule 14A.07C.

E. Procedures for Renewal of Non-Probationary Contracts. A review of the clinical-track faculty member’s work during the second to final year of all non-probationary contract periods will be conducted by the Dean. It will include assessment of the factors specified in subsection C above. Based on this review the Dean will determine whether the faculty member’s nonprobationary contract will be renewed and whether the faculty member, if eligible, will be recommended for promotion. As required by University Rule 3335-7-08, the Dean’s decision shall be final with respect to the reappointment and nonreappointment. The Dean’s decisions with respect to promotion shall be forwarded to the executive vice president and provost, who shall review the decision consistent with the review procedures established for tenure-track faculty including those set forth in rule 3335-6-04. Any decision of the executive vice president and provost shall be final.

14A.08. Merit Salary Increases and Other Rewards.

A. Criteria. Merit salary increases and other rewards for regular clinical-track faculty shall be based on the faculty member’s contributions both during the year being reviewed and over the faculty member’s entire career. These criteria are stated in Rule 14A.07C, which provides for assessment of the quality of skills demonstrated in the process of (1) supervising legal interns, legislative interns and mediation students, (2) the handling of cases and other matters assigned through the clinical programs, (3) providing timely and effective feedback on students’ legal writing, (4) classroom teaching, (5) conforming to the highest ethical and professional standards, (6) engaging in public service, (7) expanding understanding of the law through preparation of written materials, and (8) maintaining knowledge in the faculty member’s areas of expertise. Accordingly, the Dean shall consider each regular clinical-track faculty member’s overall performance based on these criteria.

B. Procedures. The Dean may utilize materials from the annual review in determining merit salary increases. The Dean shall communicate to each faculty member, as soon as possible after receipt, the most reliable information available as to that member’s salary for the next academic year. If no better information is available, the communication shall consist of the recommendation by the Dean to the University administration with respect to that member’s salary. When more reliable information is obtained, the Dean shall inform the members of the faculty as to the percentage increment for all continuing faculty members.

C. Documentation. The Dean shall provide each faculty member with a written statement indicating the recommended merit salary increase.

14A.09. Transfers Between Regular Clinical Track and Tenure Track. Transfers from the regular clinical track to the tenure track are not permitted. Regular clinical-track faculty may apply for tenure track positions and compete in regular national searches for such positions. Transfers from the tenure track to the regular clinical track are not permitted. Tenure-track faculty may apply for regular clinical-track positions and compete in the regular national searches for such positions.

14A.10. Transfers from Staff Attorney to the Regular Clinical Track. Individuals who hold the “staff attorney” title on the effective date of this rule may apply to transfer to the regular clinical track through the procedures specified in Rule 14A.05, above. If an extensive search, as described in Rule 14A.05A, was conducted before she or he was hired as a staff attorney, then the transfer request may be considered directly by the Clinical- Track Appointments Committee pursuant to Rule 14A.05B. The request for transfer must be initiated by the staff attorney in writing. When a staff attorney transfers to the regular clinical-track faculty, the years in service are credited towards the probationary period. All transfers must be approved by the Dean as specified in Rule 14A.05D and E. All transfers at the rank of associate clinical professor or clinical professor must 99 be approved by the Office of Academic Affairs pursuant to University Rule 3335-48-07.

Source: Faculty Minutes, February 12, 2003, May 5, 2011, April 5, 2012, and October 5, 2017.

 

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