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 and Research Faculty Appointment, Reappointment and Nonreappointment, and Promotion), applicable guidelines of the Office of Academic Affairs procedural guidelines relating to 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. Clinical-track faculty appointments to the faculty of the College of Law are fixed-term contract appointments that do not entail tenure. 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 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 Clinical-Track Faculty Member. Persons appointed to the clinical track shall have relevant practice and occupational experience in their areas of expertise and strong potential in all areas of performance relevant to the clinical-track faculty position. For all clinical-track faculty, these relevant performance areas ordinarily should include: (a) classroom teaching, as described in greater detail in Faculty Rule 14.06(B)(1); (b) providing timely and effective feedback on student work; (c) conforming to the highest ethical standards and to applicable codes of professional conduct; (d) engaging in public service, as described in greater detail in Faculty Rule 14.06(B)(3); and (e) maintaining knowledge in the faculty member’s areas of expertise. Additional performance areas that may be relevant to some clinical-track faculty positions include: (f) supervising students in a clinical or skills setting; (g) handling cases and other matters in connection with the College’s clinical programs; and (h) expanding understanding of the law through preparation of written materials. Persons appointed to the clinical track normally will have a J.D. degree or its equivalent. When necessary for client representation, 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 Clinical-Track Faculty Member.

A. Search for Candidates. The College shall engage in an extensive search for the most qualified persons for appointment to 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 clinical track at a specified rank. Student and staff members of the 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 Clinical-Track Appointments Committee Recommendations.

1. Participating Faculty. Recommendations to the Dean concerning appointment of candidates to the 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. Notice of Meeting. All persons entitled to attend, participate, or vote under the provisions of the Faculty Rules applicable to clinical-track faculty appointments shall be notified of any meeting to consider appointment recommendations and receive documentary background information in conformance with Rule 1.07.

3. 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 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.

4. Presence Required for Vote. All votes shall be cast in person; proxy and absentee voting shall not be permitted. “In person” shall be defined as stated in Rule 1.11.

5. Secret Ballot. Faculty shall use secret written ballots to vote on nominations for clinical-track faculty appointments. A faculty member whose presence and participation have been by other means pursuant to Rule 1.11 may make arrangements to protect the anonymity of the faculty member’s vote to the extent feasible.

D. The Dean’s Decision. The Dean will decide whether or not to follow the faculty’s recommendation.

E. Recommendations Concerning Rank. The faculty’s recommendation to the Dean may include a recommendation for appointment to the rank of associate clinical professor of law or clinical professor of law. When a recommendation at a senior rank is being considered, a second vote will be taken by faculty at or above the proposed rank, excluding the Dean, the Assistant and Associate Deans of the College, the Executive Vice President and Provost, and the President. If the Dean accepts the faculty’s recommendation with respect 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 3335-7-06 to separately approve such appointment before it becomes final.

14A.06. Term of Appointment.

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

B. Probationary Contracts. Regardless of the rank of the appointment, the initial contract for a clinical-track faculty member 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 penultimate 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. Terms of a contract may be renegotiated at the time of reappointment. If 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.

C. Non-probationary Contracts. During the second and subsequent contract periods, clinical-track faculty appointments may only be terminated for cause (see University Faculty Rule 3335-5-04) or financial exigency (see University Faculty Rule 3335-5-02.1) and the termination decision for either of these reasons shall result from procedures established by applicable University or College faculty rules. A contract may be renegotiated during a contract period only with the voluntary consent of the faculty member. By the end of the penultimate 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. Terms of a contract may be renegotiated at the time of reappointment or promotion. If a new contract is not extended, the final year of the current contract is the terminal year of employment. While under University Rule 3335-7-07(B), there is no presumption that a contract will be extended for another term, it is expected that a clinical-track faculty member whose performance satisfies the obligations of the position will be reappointed to a new contract. This rule shall be construed to provide all clinical-track faculty members with security of position and protection of academic freedom to the greatest extent allowable under University rules and policies, in furtherance of Standard 405(c) of the American Bar Association’s Standards and Rules of Procedure for Approval of Law Schools.

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

A. Annual Review. Annual reviews of 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. Clinical-Track Faculty Review Committee. During any academic year in which the College faculty includes probationary clinical-track faculty, clinical-track faculty seeking promotion, or clinical-track faculty in the penultimate year of a non-probationary contract period, the Dean shall appoint a Clinical-Track Faculty Review Committee to assist in the reviews described in subsections C, D, and E below. The Clinical-Track Faculty Review Committee shall include the Director of Clinical Programs and any others whom the Dean appoints. Probationary clinical-track faculty may not serve on the committee.

C. Review during Probationary Contract Period. During the course of each year of a clinical-track faculty member’s probationary contract period, the performance of the clinical-track faculty member shall be reviewed by the Dean, with the assistance of and in consultation with the Clinical-Track Faculty Review Committee, for the purpose of determining whether the contract will be continued for the next year, or, if the review is during the penultimate year of a probationary contract period, whether a new contract will be extended at the conclusion of the probationary contract period.

D. Promotion Review.

1. A clinical-track faculty member 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 that faculty member’s fourth year of service. A faculty member at the rank of associate clinical professor normally is eligible for consideration for promotion to clinical professor during that faculty member’s third year of service as associate clinical professor.

2. During an academic year in which a clinical-track faculty member is being considered for promotion, the Clinical-Track Faculty Review Committee shall review the performance of that faculty member and, based upon that review, shall make a written report and recommendation to the faculty concerning that faculty member’s promotion. The committee’s review will assess the faculty member’s performance in all relevant areas, as described in Faculty Rule 14A.04 above.

3. The faculty shall consider the Clinical-Track Faculty Review Committee’s recommendation and, by majority vote of those present and voting, shall make its own recommendation to the Dean concerning promotion. Faculty members 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.

4. After receiving the faculty’s recommendation, the Dean shall then decide, based upon all relevant information, whether to recommend the faculty member’s promotion. The Dean’s decision 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 University Rule 3335-6-04. Any decision of the Executive Vice President and Provost shall be final.

5. A clinical-track faculty member receiving a promotion may elect to begin a new contract under Rule 14A.06(C) on the effective date of the promotion.

E. Reappointment Review

1. During the penultimate year of any non-probationary contract period of a clinical-track faculty member, the Dean will review that faculty member’s performance for purposes of determining whether to reappoint that faculty member for a subsequent contract period. This review will assess the faculty member’s performance in all relevant areas, as described in Faculty Rule 14A.04 above.

2. By December 1 of the penultimate year of a non-probationary contract, the Dean shall make an initial decision whether to reappoint the faculty member and renew the contract and shall communicate that initial decision to the faculty member and to the Chair of the Clinical-Track Faculty Review Committee.

3. If the Dean’s initial decision is to reappoint the faculty member, the reappointment review process is complete. The reappointment will take effect at the end of the current contract period, unless the faculty member and the College agree to a different date.

4. If the Dean’s initial decision is not to reappoint the faculty member, the following process will be followed:

(a) The Clinical-Track Faculty Review Committee shall review the faculty member’s performance, and based upon that review, shall make a written report to the faculty concerning that faculty member’s reappointment. This review will assess the faculty member’s performance in all relevant areas, as described in Faculty Rule 14A.04 above.

(b) The faculty shall consider the Clinical-Track Faculty Review Committee’s report and, by majority vote of those present and voting, shall make a recommendation to the Dean concerning reappointment. All college faculty members other than the candidate for reappointment are eligible to consider and vote on the reappointment recommendation regardless of the rank of the candidate.

(c) After receiving the committee’s and the faculty’s recommendation, the Dean shall then make a final decision, based on all relevant information, whether or not to reappoint the faculty member being reviewed, and inform that faculty member of the Dean’s final decision no later than the end of that academic year. The Dean’s decision shall be final with respect to reappointment or nonreappointment.

(d) If the Dean’s final decision is to reappoint the faculty member, the reappointment will take effect at the end of the current contract period, unless the faculty member and the College agree to a different date.

(e) If the Dean’s final decision is not to reappoint the faculty member, the final year of the contract period during which the reappointment review occurred shall be the terminal year of employment.

F. Faculty Meeting Procedure

When provisions of the Faculty Rules applicable to the promotion or reappointment reviews of clinical-track faculty call for the College faculty to make a recommendation to the Dean, the following procedures shall govern the faculty meeting at which that recommendation is made:

1. Notice of Meeting. All persons entitled to attend, participate, or vote under the provisions of the Faculty Rules applicable to the promotion or reappointment reviews of clinical-track faculty shall be notified of any meeting to consider promotion or reappointment recommendations and receive documentary background information in conformance with Rule 1.07.

2. Presence Required for Vote. All votes shall be cast in person; proxy and absentee voting shall not be permitted. “In person” shall be defined as stated in Rule 1.11.

3. Secret Ballot. Faculty shall use secret written ballots to vote on recommendations concerning promotion or reappointment of clinical-track faculty members. A faculty member whose presence and participation have been by other means pursuant to Rule 1.11 may make arrangements to protect the anonymity of his or her vote to the extent feasible.

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

A. Criteria. Merit salary increases and other rewards for 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. The relevant criteria for these salary increases and other rewards are the same factors stated in Rule 14A.04. Accordingly, the Dean shall consider each 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 Clinical Track and Tenure Track. Transfers from the clinical track to the tenure track are not permitted. 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 clinical track are not permitted. Tenure-track faculty may apply for clinical-track positions and compete in the regular national searches for such positions.

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