New Texas Tenure Law
The Texas tenure law SB 18, with versions passed by the Senate and House, has sparked concerns regarding academic freedom, faculty dismissal procedures, and potential impacts on faculty recruitment and institutional quality. The Senate version restricts tenure opportunities, while the House version modifies post-tenure review processes and adds provisions for faculty dismissal, raising questions about due process and safeguarding academic freedom.
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New Texas Tenure Law Brian L. Evans Interim President, Texas AAUP Conference, halftoning@juno.com Lauren J. Gutterman Twitter Co-coordinator, Texas AAUP Conference, ljg300@gmail.com September 30, 2023
Senates Version of the Tenure Bill (SB 18) Tenure Earned after a rigorous review of six years of teaching, research and service Protects academic freedom to foster critical thinking & intellectual exploration Allows professors to take on long-term curriculum development, research projects, and leadership positions vital to student experience and success Initial Tenure Bill Passed by Senate on April 6th (SB18) Prohibits hiring of tenured & tenure-track faculty after Jan. 1, 2024 Allows faculty tenured before Jan. 1, 2024, to remain tenured Not the version passed by the Legislature Potential impacts of the Senate Version of SB 18 Tenure-track faculty will seek tenure-track and tenured positions elsewhere Due to the starvation of the tenure pipeline, tenured faculty members will leave Loss of quality, prestige and rankings by Texas public colleges and universities 2
Different Tenure Bill Passed by House & Now Law SB18 modified Texas Education Code on Post-Tenure Review Part 1 Adds Tenure Definition Codifies tenure as continuous employment Sec. 2 Part 4 Only a governing board may grant tenure Sec. 3(b) Supreme Court held tenure as a property right property amount in Sec. 3(c) ** Part 2 Faculty dismissal with due process in Sec. 3(c-1) Each governing board shall adopt policies and procedures regarding tenure Defines 10 ways to dismiss a tenured faculty member Continues provisions for periodic post-tenure review processes Underlined text means text added to existing law Part 3 Summary ( Immediate ) Dismissal in Sec. 3(c-4) Sets minimum standards for institutions that choose to have summary dismissal ** 14th Amendment of the US Constitution: Government cannot deprive an individual of property or liberty without due process, but each State defines the property interest. 3
Concerns About SB 18 (1/2) Academic Freedom not mentioned Connect academic freedom as a necessary safeguard of academic freedom Academic freedom: freedom from censorship by the institution or government Other academic freedom safeguards include due process & shared governance Part 2: Seven reasons for regular dismissal are undefined or vague and many do not indicate severity or pervasiveness exhibited professional incompetence failed to perform duties or meet professional responsibilities engaged in conduct involving moral turpitude violated laws or university system or institution policies engaged in unprofessional conduct that adversely affects the institution violated university system or institution policies other good cause as defined in the institution s policies 4
Concerns About SB 18 (2/2) Part 2: Additional grounds for termination in Sec. 3(c-1) include Failure to complete a development plan from post-tenure review other good cause as defined in the institution s policies Part 3: Lack of due process protections for summary dismissal in Sec. 3(c-4) A designated administrator is the sole arbiter in determining the outcome instead of a jury of one s peers Does not give faculty opportunity to examine evidence or talk to witnesses Does not provide faculty the option for legal representation Allows a faculty grievance process only after termination 5
Faculty Role in SB 18 Policies & Procedures the governing board shall seek advice and comment from the institution's faculty before adopting any policies and procedures under this section. The advice and comment from the faculty on the performance evaluation of tenured faculty shall be given the utmost consideration by the governing board. [SB 18, Sec. 3(c-2)] Jul. 27: UT System issued drafts of changes to four UT Regents Rules due to SB 18 Summary of draft changes Jul. 27 Aug. 7: Faculty at UT institutions asked to comment on drafts UT Austin AAUP Chapter submitted a response Aug. 24: UT Board of Regents approves changes Summary of approved changes Sep. 1: SB 18 and new UT Regents Rules took effect Fall 2023: UT campuses to develop their SB 18 policies UT Board of Regents approved its changes too late for UT campuses to complete their shared governance processes to develop SB 18 campus policies by Sept. 1st.
Changes Made by Texas Tech Faculty Senate Under tenure revocation: i. Continuous or repeated exhibition and assessment of professional incompetence. v. Engagement in egregious conduct in violation of laws or University system vii. Continuous or repeated engagement in unprofessional conduct . viii. Intentional or knowing falsification of faculty members credentials. Under summary dismissal: - Requirement that full investigation and hearing take places before dismissal. - New language added to afford accused faculty member due-process according to AAUP guidelines. The Faculty Senate at Texas Tech University developed a model policy for implementing SB 18 led by J. Lewis Held (jerry.held@ttu.edu) who has offered to help other faculty members develop institutional policies. 7
Gold Standard for Tenure Policies Statement of Principles on Academic Freedom & Tenure, jointly formulated by American Association of Colleges & Universities (AAC&U) representing college and university administrations and American Association of University Professors (AAUP) representing professors. AAC&U has more than 800 college/university members. Statement on Procedural Standards in Faculty Dismissal Proceedings, jointly formulated by the AAC&U and AAUP. Statement on Government of Colleges and Universities, jointly formulated by the AAUP, American Council on Education, and Association of Governing Boards of Universities & Colleges. The AAUP represents faculty members, ACE represents university administrations, and AGB represents University Systems, Boards of Regents and Boards of Trustees. ACE has more than 1500 college and university members and AGB has more than 1300 college, university, and system members. 8
Texas AAUP Statements on SB 18 Texas AAUP Press Release on Passage of SB 18, May 27, 2023 Texas AAUP SB 18 Summary and Analysis Texas AAUP, How the National Tenure System is Critical to Being Competitive for Federal Research Grants to Public Universities in Texas: A STEM Perspective , May 22, 2023. Brian Evans, Tenured and Tenure-Track Faculty in the US, Texas A&M & UT Austin , April 3, 2023. Related "Governor Abbott Congratulates Texas Universities on Earning Prestigious National Research Rankings", Feb. 16, 2022. 9
