CHAPTER 15 – PROFESSIONAL LEAVE

15.01. Establishment.

The College of Law shall have a faculty professional leave program consistent with Section 3345.28 of the Ohio Revised Code and Rules of the Board of Trustees of The Ohio State University.

Source: Faculty minutes, March 29, 1978.

15.02. Definitions.

As used in this Chapter:

A. “Full-time faculty member” shall mean any person holding the rank of Professor, Associate Professor, or Assistant Professor on at least 50% appointment. Adjunct and regular clinical-track faculty members are not included in this definition. A visiting appointment at the College does not count in such a calculation. A joint appointment of at least 50% does.

B. “Academic year of teaching service” shall mean any academic year in which the fulltime faculty member, while in such status, whether on nine or eleven months appointment, had significant responsibilities to the College, including teaching, assigned research, or administrative responsibilities.

Source: Faculty minutes, March 29, 1978, March 17, 1999, and February 12, 2003.

15.03. Eligibility for Professional Leave.

A. A full-time faculty member who has completed seven years of teaching service, as defined by Rule 15.02(B), shall be eligible for professional leave, subject to the provisions of this Chapter.

B. A full-time faculty member shall become eligible for a second professional leave after completion of seven years of teaching service following the end of the first professional leave.

C. In determining years of teaching service, times spent on leaves of absence shall not be included, but also shall not impair the accumulation of previous and subsequent periods of teaching service credit.

D. In determining eligibility, a temporary discontinuation of service to the University shall not impair the accumulation of previous and subsequent years of teaching service, unless such discontinuation has extended for more than two academic years.

Source: Faculty minutes, March 29, 1978, and March 17, 1999.

15.04. Certification of Eligibility.

By October 1 of each academic year, the Dean shall provide to the Committee charged under Rule 15.06 and to each eligible faculty member a list of those faculty members who will be eligible to begin a professional leave during the subsequent academic year.

Source: Faculty minutes, March 29, 1978.

15.05. Application for Professional Leave.

A. An eligible faculty member may file with the Dean a written proposal for professional leave, which the Dean shall forward to the Committee designated pursuant to Rule 15.06.

B. Written proposals shall be filed by November 1 of the academic year prior to the academic year in which the leave would begin. Proposals filed after November 1 may be considered by the Dean and the Committee or they may be postponed until the following year’s deliberations.

C. Proposals shall include a detailed description of the proposed work and the applicant’s qualifications for the task. D. Proposals shall state the duration of the leave requested and the starting date proposed.

Source: Faculty minutes, March 29, 1978.

15.06. Peer Review.

A. The Dean shall appoint a special faculty committee of three to seven members, or shall designate the committee charged with appointments, promotion and tenure, or academic affairs, to act as a Peer Review Committee for professional leave proposals.

B. This Committee shall review all proposals referred to it by the Dean and shall report to the Dean, within forty-five days of receipt of the proposals, whether the proposal meets the standards for a professional leave proposal.

C. In determining whether a proposal should be approved, the Committee shall consider, among others, the following factors:

1. Importance of the proposal for the development of the faculty member;

2. Importance of the proposal to the College’s welfare;

3. Merit of the proposal;

4. Ability of the applicant to meet the stated objectives of the proposal; and

5. Need for a professional leave to accomplish the proposed goals.

D. Conflict of Interest. If the Dean appoints a special faculty committee to consider professional leave proposals and if a member of that committee submits a proposal for professional leave to the Dean, the member shall resign from the Committee. The Dean shall 102 appoint another member of the faculty to fill the vacant position if necessary to maintain the requisite number of faculty under Rule 15.06(A). If the Dean designates a standing committee to consider professional leave proposals and if a member of that committee submits a proposal for professional leave to the Dean, the member shall recuse herself from considering any professional leave requests. The Dean shall appoint another member of the faculty to the committee, but only for the purpose of voting on professional leave proposals, if necessary to maintain the requisite number of faculty under Rule 15.06(A).

Source: Faculty minutes, March 29, 1978, March 17, 1999, and November 17, 2004.

15.07. Determination of feasibility; Referral to the Provost.

A. Upon receipt of approval by the Peer Review Committee, the Dean shall determine whether it is feasible to implement the proposal during the proposed period. Every effort shall be made to grant leaves on a current basis, i.e., at the time requested.

B. The following preferences, in the order listed, should guide the Dean in attempting to implement a peer-approved professional leave proposal:

1. Any funds released by the absence of the person on leave and any funds which may be available to the College specifically for professional leaves should be used to hire visiting faculty for the period of absence;

2. Arrangements should be made to have non-essential courses taught on an alternate year basis;

3. Arrangements should be made to have courses taught by adjuncts;

4. Consensual arrangements with other faculty members should be made to cover essential (required or high enrollment) courses; and

5. Enrollments beyond those specified in Rule 9.04 should be permitted in other sections of multiple-section courses.

Non-teaching responsibilities of the absent faculty members shall be divided among remaining faculty.

C. If the Dean determines that it is not feasible to grant a leave approved by the Committee, he or she shall notify the faculty member and the Committee of the reasons for this determination and shall make every effort to ensure that the leave can be granted in the following year.

D. If the Dean determines that it appears that only a certain portion of the Committee – approved leaves for a particular period are feasible, he or she shall report that fact and the reasons to the faculty members involved and to the Committee, for further action pursuant to Rule 15.08(A).

E. The Dean shall, as early as possible in the second semester, forward to the Provost all Committee-approved leave requests, as a group, from eligible faculty members, except where he or she has determined that it is not feasible to grant such leave. 103

Source: Faculty minutes, March 29, 1978, and March 17, 1999.

15.08. Priorities Among Approved Proposals.

A. If the Dean reports to the Committee that the Dean or the University administration has determined that only a certain portion of Committee-approved leaves are feasible for a particular period, the Dean and the Committee shall meet together, with the Dean as chair, to determine which of the approved leaves shall be granted.

B. The following factors shall be considered by the Committee:

1. Whether the proposed leave has already been postponed one or more times;

2. Whether the leave proposal was submitted by the deadline stated in Rule 15.05(B);

3. The length of the proposed leave, with longer leaves preferred over shorter ones;

4. The relative merit of the proposals according to the criteria specified in Rule 15.06(C); and

5. Whether the nature of the proposed activity is amenable to postponement.

C. Where the Committee is unable to resolve priorities among proposals under division B, it shall make such resolution according to years of teaching service, and then, if necessary, by lot.

Source: Faculty minutes, March 29, 1978, and March 17, 1999.

15.09. Withdrawals.

An application may be withdrawn by the applicant at any time until it is approved by the Provost. Thereafter, it may be withdrawn with the approval of the Dean. Source: Faculty minutes, March 29, 1978. 15.10. Phase-in Period. The procedure outlined in Rule 15.08 shall be used during a phase-in period, except that criteria 1 under Rule 15.08(B) shall not be applicable.

Source: Faculty minutes, March 29, 1978.

15.11. Responsibilities of Faculty Member Taking Professional Leave.

A. A faculty member on professional leave is expected to comply in good faith with the proposal approved, with any alterations approved by the Dean in cases of supervening difficulty.

B. A faculty member returning from professional leave shall submit a report to the Dean, by the end of the first semester back at the College, on the leave experience, including an indication of the extent to which objectives of the leave were realized.

C. A faculty member taking professional leave shall be expected to return to the service of the College for at least one year after the end of the leave.

Source: Faculty minutes, March 29, 1978, and March 17, 1999.