The Policies of the Trustees (Article XI, Title D) and the Collective Bargaining Agreement (Article 32) both require that incumbents holding term appointments be given notice of nonrenewal at least twelve months prior to the expiration of their term after two or more years of uninterrupted service. The Policies of the Board of Trustees set limits on the number of years a person may hold unqualified academic rank without receiving tenure (Article XI, B.3.). For Associate Professor/Associate Librarian and Professor/Librarian, that limit is three years. For Assistant Professor/Senior Assistant Librarian, that limit is seven years. These requirements may be implemented as follows:
II.B.2.a.1. Initial appointments and reappointments may be for one to three years. In most cases the initial appointment will be for either two or three years. The choice in this regard is to be made by the dean, after receiving the recommendation of the department or program chair and appropriate faculty bodies.
II.B.2.a.2. Common patterns of initial appointments and reappointments of Assistant Professor/Senior Assistant Librarian are: (a) an initial appointment to a two-year term; reappointment to a second two-year term; reappointment to a three-year term; or (b) an initial appointment to a three-year term; reappointment to a two-year term; reappointment to a final two-year term. Either of these patterns is acceptable, and other variations may be appropriate, depending on the norms and practices of the several disciplines and professions. Deans will be given considerable discretion in this regard. It is expected that the tenure review will be conducted no later than the sixth year the candidate holds unqualified rank, unless this period is extended due to extenuating circumstances. In exceptional circumstances, and upon request of the candidate, review may be deferred until the seventh year, in which case the candidate must be given one year's notice of nonrenewal at the end of the sixth year. Candidates with exceptional qualifications may be proposed for promotion and continuing appointment before the sixth year. However, the seventh year of appointment in an unqualified title is either a continuing appointment or a terminal appointment with one year's notice for the candidate.
II.B.2.a.3. Other options should be treated as exceptional, and each such case should be reviewed with the provost's office.
Periodic review of the progress of incumbents in tenure-track positions prior to the final tenure review is expected (see Section II.A.). Some documentary evidence of the review should be provided at the time of reappointment and submitted with the change of status form. As a minimum, a current curriculum vitae and a letter of evaluation written by the dean to the provost should be forwarded. The provost will not make substantive determinations on the reappointment of individuals provided that the dean certifies that the incumbent's progress has been reviewed and has been shared with the incumbent.
When a determination is made at the faculty or school level that an incumbent in a term appointment is not to be renewed, the appropriate officer must notify the incumbent in writing. The dean or director must inform the incumbent that he or she may request that the provost review the decision of the faculty/school, but only if the incumbent can provide clear and convincing evidence that the decision is a result bias or serious procedural error, or some violation of law, contract, or SUNY policy. Reviews will not be carried out solely because the candidate disagrees with the judgment of the faculty/school. Requests for review by the provost should be made within thirty days of the notification of the incumbent by the dean or director. For additional information regarding collective bargaining rights, please see Article 32 of the Collective Bargaining Agreement.