88R27647 MM-D     By: Creighton, et al. S.B. No. 18     (Kuempel)     Substitute the following for S.B. No. 18:  No.       A BILL TO BE ENTITLED   AN ACT   relating to the tenure and employment of faculty members at certain   public institutions of higher education.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  The heading to Section 51.942, Education Code,   is amended to read as follows:          Sec. 51.942.  [PERFORMANCE EVALUATION OF TENURED] FACULTY   TENURE.          SECTION 2.  Section 51.942(a), Education Code, is amended by   amending Subdivision (1) and adding Subdivision (4) to read as   follows:                (1)  "Governing board" and "university system" have the   meanings [has the meaning] assigned by Section 61.003.                (4)  "Tenure" means the entitlement of a faculty member   of an institution of higher education to continue in the faculty   member's academic position unless dismissed by the institution for   good cause in accordance with the policies and procedures adopted   by the institution under Subsection (c-1).           SECTION 3.  Section 51.942, Education Code, is amended by   amending Subsections (b), (c), and (g) and adding Subsections   (c-1), (c-2), (c-3), and (c-4) to read as follows:          (b)  Only an institution of higher education's governing   board, on the recommendation of the institution's chief executive   officer and the university system's chancellor, if applicable, may   grant tenure.          (c)  The granting of tenure may not be construed to create a   property interest in any attribute of a faculty position beyond a   faculty member's regular annual salary.          (c-1)  Each governing board of an institution of higher   education shall adopt policies [rules] and procedures regarding   tenure. The policies and procedures must:                (1)  address the granting of tenure;                (2)  allow for the dismissal of a tenured faculty   member at any time after providing the faculty member with   appropriate due process, on a determination that:                      (A)  the faculty member has:                            (i)  exhibited professional incompetence;                            (ii)  continually or repeatedly failed to   perform duties or meet professional responsibilities of the faculty   member's position;                            (iii)  failed to successfully complete any   post-tenure review professional development program;                            (iv)  engaged in conduct involving moral   turpitude that adversely affects the institution or the faculty   member's performance of duties or meeting of responsibilities;                            (v)  violated laws or university system or   institution policies substantially related to the performance of   the faculty member's duties;                            (vi)  been convicted of a crime affecting   the fitness of the faculty member to engage in teaching, research,   service, outreach, or administration;                            (vii)  engaged in unprofessional conduct   that adversely affects the institution or the faculty member's   performance of duties or meeting of responsibilities; or                            (viii)  falsified the faculty member's   academic credentials;                      (B)  there is actual financial exigency or the   phasing out of the institution's programs requiring elimination of   the faculty member's position; or                      (C)  there is other good cause as defined in the   institution's policies; and                (3)  provide [providing] for a periodic performance   evaluation process for all tenured faculty [tenured] at the   institution.          (c-2)  The governing board may design its policies [rules]   and procedures to fit the institution's particular educational   mission, traditions, resources, and circumstances relevant to the   institution's [its] character, role, and scope, in addition to   other relevant factors determined by the governing board in the   policies and procedures [rules] adopted under [pursuant to] this   section. The governing board shall seek advice and comment from the   institution's faculty [of the institution] before adopting any   policies and procedures under [rules pursuant to] 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.          (c-3) [(c)]  In addition to any other provisions adopted by   the governing board, the policies and procedures adopted by the   governing board under Subsection (c-1) must [rules shall] include   provisions providing that:                (1)  each tenured faculty member [tenured] at the   institution be subject to a comprehensive performance evaluation   process conducted no more often than once every year, but no less   often than once every six years, after the date the faculty member   was granted tenure or received an academic promotion at the   institution;                (2)  the comprehensive performance evaluation be based   on the professional responsibilities of the faculty member, in   teaching, research, service, patient care, and administration, and   include peer review of the faculty member;                (3)  the comprehensive performance evaluation process   be directed toward the professional development of the faculty   member;                (4)  the comprehensive performance evaluation process   incorporate commonly recognized academic due process rights,   including notice of the manner and scope of the comprehensive   performance evaluation, the opportunity to provide documentation   during the comprehensive performance evaluation process, and,   before a faculty member may be subject to disciplinary action on the   basis of a comprehensive performance [an] evaluation conducted   under [pursuant to] this subsection [section], notice of specific   charges and an opportunity for hearing on those charges; [and]                (5)  a faculty member be subject to revocation of   tenure or other appropriate disciplinary action if, during the   comprehensive performance evaluation, incompetency, neglect of   duty, or other good cause is determined to be present; and                (6)  for a faculty member who receives an   unsatisfactory rating in any area of any evaluation conducted under   this section, the evaluation process provide for a short-term   development plan that includes performance benchmarks for   returning to satisfactory performance.          (c-4)  The policies and procedures adopted by the governing   board under Subsection (c-1) may include provisions that authorize   the summary dismissal of a tenured faculty member based on a finding   that the faculty member committed serious misconduct, as defined by   the institution's policies, at any time after providing the faculty   member with appropriate due process in accordance with this   subsection.  The policies and procedures for summary dismissal must   ensure that the institution provides the faculty member with   appropriate due process, including:                (1)  before summarily dismissing the faculty member,   providing the faculty member:                      (A)  written notice of the allegations against the   faculty member together with an explanation of the evidence   supporting dismissal; and                      (B)  an opportunity for the faculty member to   respond to the allegations in a hearing with a designated   administrator;                (2)  requiring the designated administrator to   consider the faculty member's response under Subdivision (1)(B) and   make a written determination of whether the institution will   proceed with the summary dismissal of the faculty member;                (3)  promptly providing to the faculty member a copy of   the designated administrator's written determination under   Subdivision (2) that:                      (A)  clearly indicates whether the faculty member   will be subject to summary dismissal; and                      (B)  either:                            (i)  includes the effective date of the   dismissal and information regarding the faculty member's   opportunity for a post-dismissal appeal, if the designated   administrator's decision is in favor of summary dismissal; or                            (ii)  states that the faculty member is not   subject to summary dismissal, if the designated administrator's   decision is against summary dismissal; and                (4)  following a designated administrator's written   determination to summarily dismiss a faculty member, providing the   faculty member with the opportunity for a post-dismissal appeal in   accordance with the institution's policies and procedures.          (g)  Each governing board shall file a copy of the policies   and procedures [rules] adopted under [pursuant to] this section,   and any amendments to such polices and procedures [rules], with the   coordinating board on or before September 1 of each year.          SECTION 4.  Section 51.942(d), Education Code, is repealed.          SECTION 5.  This Act takes effect September 1, 2023.