Conditions of Appointment to the Faculty

Adopted by the Faculty and the Board of Trustees, 1972 and as Amended through April 26, 1985

Personnel Covered
1. The provisions of this statement shall apply to all full-time appointees to the Faculty of the College to teach courses for which academic credit is given. It also applies to such other persons as the Board of Trustees may, from time to time, designate.
2. The provisions of this statement relating to academic freedom shall also apply to part-time instructors of courses for which academic credit is given. Such provisions shall apply to administrative officers only upon specific action of the Board.
Appointments
1. There are two kinds of appointments to the Faculty, defined by the Constitution of the College as follows:
  1. Limited Appointment means the appointment of a person by the President of the College to a position on the Faculty for the purpose stated in the appointment. Each limited appointment shall be for a specific term of not more than three years, may at the option of the College be renewed for successive terms of not more than three years each, and shall be subject to such other conditions as the Board may from time to time prescribe. Persons holding adjunct or visiting appointments to the Faculty or as members of the Department of Physical Education and Athletics shall hold limited appointments and shall not, as such, be eligible for appointment without limit.
  2. Appointment Without Limit means the appointment of a person by the Board of Trustees to a position on the Faculty for the primary purpose of teaching, at least half-time, courses for which academic credit is given, in a discipline or disciplines specified in the appointment. Each such appointment when made by the Board and accepted by the appointee shall continue as long as such position is maintained by the College or until the retirement or death of the appointee, or until earlier terminated voluntarily by the appointee or by the College for cause.
2. Notification of appointment to the Faculty is made in writing by the President of the College. This notification will be referred to hereinafter as the letter of appointment.
  1. An appointment can only be formally accepted in the manner prescribed below (see 5).
  2. When an appointment has been offered and accepted, the College is committed to employ the appointee for the time and in the position specified in the letter of appointment. Acceptance by the appointee is considered a commitment by the appointee to perform the stated employment.
  3. The conditions specified in this document are integral with the letter of appointment. Each appointee shall receive a copy of this document along with the letter of appointment.
3. Limited Appointments
4. 1. Limited Appointments considered in this document may be subdivided into three kinds: regular, visiting, and adjunct.
  2. 1. Regular Limited Appointments shall be for a specified rank and in a specified discipline or disciplines, and for a specified term of not to exceed three years, and may be renewed for successive terms of not more than three years each. The cumulative total of full-time teaching service at the College under regular limited appointments shall not exceed seven years.
      
      Persons holding regular limited appointments are eligible for consideration for appointment without limit.
    2. Visiting Limited Appointments shall be for a specified rank and in a specified discipline or disciplines, and for a specified term not to exceed two years. A visiting appointment may be extended for additional terms, but in no case beyond seven consecutive years.
    3. Adjunct Limited Appointments shall be for a specified rank and in a specified discipline or disciplines, and for a specified term. As compared to other Faculty Members, adjunct appointees teach in more narrowly defined subject areas. Their departmental and collegiate responsibilities are more limited than those of other Faculty Members, and they stand outside the routine faculty hiring, reappointment, and review procedures.
  3. Prior Service elsewhere
    
    When an appointee has prior service elsewhere as a full-time teacher at the rank of instructor or at an equivalent or higher rank at one or more accredited institutions of higher learning, the College may count all, a portion, or none of that service, but not to exceed three years, as part of the normal seven year probationary period prior to an appointment without limit. Such credit for prior service must be stated in the letter of appointmen
    
    An appointee who has received credit for three years prior service elsewhere towards appointment without limit, may elect to extend the probationary period at Kenyon to five years. Such a request must be made of the President in writing, after December 1, but before March 15, of the second academic year of the Member's first limited appointment.
  4. Prior Service at Kenyon.
    
    An appointee to a regular limited appointment may have prior service on the Faculty of the College.
    
    No part of such service rendered under an adjunct limited appointment shall count towards the normal seven year probationary period prior to an appointment without limit.
    
    If such service occurred under a regular limited appointment, all such service shall count towards the normal seven year probationary period prior to an appointment without limit. Such credit for prior service must be stated in the letter of appointment.
    
    If such service occurred under a visiting limited appointment, then the College may count all, a portion, or none of that service, as part of the normal seven year probationary period prior to an appointment without limit; however, in no case may the combined service as a full-time Faculty Member (either on visiting limited appointment or regular limited appointment) exceed nine years. Such credit for prior service must be stated in the letter of appointment.
  5. Time spent on Leave of Absence
    
    Time spent on leave of absence from Kenyon or from other institutions of higher learning shall not be included in computing full-time teaching service for the purposes of this section [items b) and c) above], unless the College and the appointee otherwise agree in writing.
  6. Before the extension of any limited appointment the appointee shall be evaluated in accordance with criteria and procedures approved by the Faculty and the President. The President shall then determine whether or not to reappoint.
  7. The College may offer an appointment without limit to an appointee at any time. However, except as provided in this document, an appointee will ordinarily serve through the normal seven year probationary period prior to an appointment without limit.
5. Appointments Without Limit
  1. An appointment without limit shall be to a position in a specified discipline or disciplines and, unless terminated voluntarily by the appointee or terminated by the College for cause, shall continue so long as the position is maintained by the College or until the retirement or death of the appointee.
  2. The appointment of any appointee then holding an appointment from the College below the rank of Professor to the rank of Professor shall be an appointment without limit. The second appointment at this rank of an appointee then holding a limited appointment from the College as a Professor shall be an appointment without limit.
  3. The College may offer an appointment without limit, part-time, in a specified discipline to a Member under these conditions:
    1. the Member has and will continue to hold a position at half-time or better;
    2. the Member has taught at least half-time at Kenyon in each of seven consecutive years;
    3. tenure will obtain at the level to which that Member was appointed. Credit toward condition b) may be granted to individuals with prior service at another institution. The Member's status may not be changed to full-time without limit, unless a new evaluation of the Member for that position is undertaken.
6. Acceptance of Appointments - Annual Employment Contracts
7. 1. An appointment to the Faculty becomes effective only when an accompanying annual employment contract has been duly executed by the College and by the appointee and a fully executed copy thereof returned to the College.
  2. An annual contract is a written agreement between the College and an appointee which specifies the emoluments and other conditions of the appointee's employment for a period not to exceed one year.
  3. An annual contract shall become binding upon the College and the appointee only when duplicate copies have been signed by both parties and each has possession of one such copy.
  4. On or before March 15 of each year the President shall send in duplicate an annual contract duly executed by the College to each appointee whose employment is to be continued into the next academic year.
    
    Each appointee shall indicate acceptance of such contract by signing the same and returning one signed copy thereof to the College no later than the 15th day of April of the year in which it is received. Any annual contract which is not accepted by the appointee in the manner and within the time period hereinabove specified shall be null and void and the appointment to the Faculty upon which it is predicated shall be deemed to have been voluntarily terminated by the appointee effective upon the expiration of the appointee's then current annual employment contract; provided, the parties may by mutual agreement in writing, extend the time for acceptance.
  5. An annual contract executed and delivered as herein provided shall be legally and morally binding upon the parties thereto and shall constitute the full and complete agreement between the parties.
8. Expiration of Regular Limited Appointments
  If the College decides not to reappoint the appointee, the President shall so notify such appointee in writing as follows:
  1. at least four months prior to the expiration date of (1) any limited appointment for a period of less than a full academic year, and (2) any initial one year limited appointment;
  2. at least seven months prior to the expiration date of (1) any subsequent one year limited appointment and (2) any initial two year limited appointment; and
  3. at least twelve months prior to the expiration date of any other limited appointment.
Resignation of Appointment by Appointee

The College will accept any resignation of a Faculty Member effective at the end of the Member's annual employment contract if the resignation is given to the President prior to April 15th. The President may accept a resignation submitted after that date upon consultation with the Provost and the Member's department chair.
Termination of Appointments by the College
1. The College, acting through the President, may terminate any appointment, limited or without limit, prior to the expiration of its term for any of the following causes:
  1. Physical or mental incapacity of the appointee. Such termination shall be based on clear and convincing medical evidence that the appointee is unable to perform the normal duties of his appointment.
  2. Professional unfitness. Such termination shall be related directly and substantially to the appointee's professional performance as a teacher and scholar.
  3. Moral turpitude. Such termination shall be based upon conviction of the appointee by a court of competent jurisdiction of a crime involving moral turpitude.
  4. Termination of the appointee's position, as specified in Section V hereof.
2. In each instance of termination of an appointment for cause, the appointee shall have the right to submit the matter to the Grievance Committee and to appeal such termination to the Board of Trustees, in accordance with the termination and grievance procedure adopted by the Board.
Termination of Positions by the College
1. The College, acting through the President, may terminate any position in a discipline or disciplines for either of the following causes:
  1. Financial Exigency of the College. Such termination shall be based on a determination by the Board of Trustees that the urgent financial needs of the College require that the position affected be abolished or consolidated with another position.
  2. Discontinuance or Reduction of a Program or Discipline of the College. Such termination shall follow a review, in accordance with criteria and procedures approved by the Faculty and the President, of the teaching of the discipline or disciplines in the College immediately affected by the termination and shall not be used punitively.
  3. In each instance of termination of a position, the Faculty Member whose position is terminated will be offered an employment contract for one year beyond the annual employment contract of such Member in force at the time the President informs such Member, in writing, of the decision to terminate such position.
Academic Freedom
1. All appointees to the Faculty are entitled to academic freedom as set forth in the 1950 Statement of Principles on Academic Freedom and Tenure, formulated by the Association of American Colleges and the American Association of University Professors, including:
  1. The appointee is entitled to full freedom in research and in publication of the results, subject to the adequate performance of the appointee's other academic duties; but research, writing and lecturing for pecuniary gain should be based upon an understanding with the Administration of the College.
  2. The appointee is entitled to freedom in the classroom in discussing the appointee's Discipline, but should be careful not to introduce into the appointee's teaching matter which has no relation to the appointee's discipline. Limitations of academic freedom because of aims of the institution should be clearly stated in writing at the time of appointment.
  3. Each appointee is a citizen, a member of a learned profession and a member of the faculty and an employee of the College. When an appointee speaks or writes as a citizen, the appointee should be free from institutional censorship or discipline but the appointee's special position in the community imposes special obligations. As a person of learning and a Faculty Member the appointee should remember that the public may judge the appointee's profession and the College by the appointee's utterances. Hence the appointee should at all times be accurate, should exercise appropriate restraint, should show respect for the opinions of others, and should make every effort to indicate that the appointee is not speaking for the College.
2. Any appointee who believes that considerations which violate the appointee's academic freedom or legal rights have significantly contributed to a decision not to reappoint the appointee or to a decision to terminate the appointee's appointment shall be entitled to have such decision reviewed in accordance with the termination and grievance procedure adopted by the Board of Trustees.
VII. Emergency Reduction of Faculty Compensation
Nothing contained in this Statement shall restrict the right of the College, at the discretion of the Board of Trustees, to reduce the compensation of Faculty members to implement urgently necessary economies. The Trustees shall exercise the power reserved herein only in case of utmost necessity.