Faculty performance review

Ark. Code Ann. § 6-63-104 — under Employees of State Institutions.

Ark. Code Ann. § 6-63-104

(a) (1) The president and chancellor of each state-supported institution of higher education in Arkansas shall work with the campus faculties to develop a framework to review faculty performance, including post-tenure review.(2) (A) The framework should be used to develop processes and procedures at each state-supported institution of higher education to ensure a consistently high level of performance of the faculty at a state-supported institution of higher education.(B) The effects of the review process of faculty performance should include rewarding productive faculty, redirecting faculty efforts to improve or to increase productivity, and correcting instances of substandard performance.(C) The framework developed by each state-supported institution of higher education shall be reported to the House Committee on Education, the Senate Committee on Education, the Joint Interim Oversight Committee on Education Reform, and the Division of Higher Education no later than December 1, 2025, and shall be implemented on the respective campuses no later than January 1, 2026.

(1) The president and chancellor of each state-supported institution of higher education in Arkansas shall work with the campus faculties to develop a framework to review faculty performance, including post-tenure review.

(2) (A) The framework should be used to develop processes and procedures at each state-supported institution of higher education to ensure a consistently high level of performance of the faculty at a state-supported institution of higher education.(B) The effects of the review process of faculty performance should include rewarding productive faculty, redirecting faculty efforts to improve or to increase productivity, and correcting instances of substandard performance.(C) The framework developed by each state-supported institution of higher education shall be reported to the House Committee on Education, the Senate Committee on Education, the Joint Interim Oversight Committee on Education Reform, and the Division of Higher Education no later than December 1, 2025, and shall be implemented on the respective campuses no later than January 1, 2026.

(A) The framework should be used to develop processes and procedures at each state-supported institution of higher education to ensure a consistently high level of performance of the faculty at a state-supported institution of higher education.

(B) The effects of the review process of faculty performance should include rewarding productive faculty, redirecting faculty efforts to improve or to increase productivity, and correcting instances of substandard performance.

(C) The framework developed by each state-supported institution of higher education shall be reported to the House Committee on Education, the Senate Committee on Education, the Joint Interim Oversight Committee on Education Reform, and the Division of Higher Education no later than December 1, 2025, and shall be implemented on the respective campuses no later than January 1, 2026.

(b) (1) Pursuant to subsection (a) of this section, each state-supported institution of higher education in Arkansas shall conduct a rigorous, consistently applied, annual review of the performance of all full-time faculty members.(2) This review shall include assessments by peers, students, and administrators and shall be utilized to ensure a consistently high level of performance and serve in conjunction with other appropriate information as a basis for decisions on promotion, salary increases, and job tenure.(3) The review process may result in the following corrective actions:(A) Remedial training;(B) Removal of tenure status; or(C) Any other action permitted by the state-supported institution of higher education's review policy.(4) (A) A state-supported institution of higher education may require an immediate for-cause review of a faculty member as described in subsection (f) of this section.(B) A tenured faculty member may appeal a state-supported institution of higher education's performance review decision in accordance with the provisions set by the state-supported institution of higher education in its faculty performance review framework.(C) A state-supported institution of higher education shall provide a tenured faculty member with appropriate due process.

(1) Pursuant to subsection (a) of this section, each state-supported institution of higher education in Arkansas shall conduct a rigorous, consistently applied, annual review of the performance of all full-time faculty members.

(2) This review shall include assessments by peers, students, and administrators and shall be utilized to ensure a consistently high level of performance and serve in conjunction with other appropriate information as a basis for decisions on promotion, salary increases, and job tenure.

(3) The review process may result in the following corrective actions:(A) Remedial training;(B) Removal of tenure status; or(C) Any other action permitted by the state-supported institution of higher education's review policy.

(A) Remedial training;

(B) Removal of tenure status; or

(C) Any other action permitted by the state-supported institution of higher education's review policy.

(4) (A) A state-supported institution of higher education may require an immediate for-cause review of a faculty member as described in subsection (f) of this section.(B) A tenured faculty member may appeal a state-supported institution of higher education's performance review decision in accordance with the provisions set by the state-supported institution of higher education in its faculty performance review framework.(C) A state-supported institution of higher education shall provide a tenured faculty member with appropriate due process.

(A) A state-supported institution of higher education may require an immediate for-cause review of a faculty member as described in subsection (f) of this section.

(B) A tenured faculty member may appeal a state-supported institution of higher education's performance review decision in accordance with the provisions set by the state-supported institution of higher education in its faculty performance review framework.

(C) A state-supported institution of higher education shall provide a tenured faculty member with appropriate due process.

(c) (1) Each state-supported institution of higher education shall continually make efforts to identify any English fluency deficiencies of the teaching faculty and shall take reasonable measures to assist deficient faculty members in becoming proficient in English; however, the responsibility of acquiring the level of English proficiency required for the faculty member's teaching, research, or service assignments rests with the faculty member.(2) Each state-supported institution of higher education shall have a process for addressing concerns raised by students concerning language proficiency problems of faculty members.

(1) Each state-supported institution of higher education shall continually make efforts to identify any English fluency deficiencies of the teaching faculty and shall take reasonable measures to assist deficient faculty members in becoming proficient in English; however, the responsibility of acquiring the level of English proficiency required for the faculty member's teaching, research, or service assignments rests with the faculty member.

(2) Each state-supported institution of higher education shall have a process for addressing concerns raised by students concerning language proficiency problems of faculty members.

(d) (1) A state-supported institution of higher education shall be responsible for monitoring the performance review process of all faculty members.(2) The state-supported institution of higher education shall report by August 1 each year to its governing board the number of:(A) Tenure-track positions;(B) Faculty members with current tenure status;(C) Faculty members that initially received tenure status;(D) Faculty members with tenure status in which tenure was reviewed that year; and(E) Faculty members whose tenure status was:(i) Maintained;(ii) Conditionally maintained; and(iii) Revoked.(3) A copy of the report under subdivision (d)(2) of this section shall be provided to the division and the Legislative Council.

(1) A state-supported institution of higher education shall be responsible for monitoring the performance review process of all faculty members.

(2) The state-supported institution of higher education shall report by August 1 each year to its governing board the number of:(A) Tenure-track positions;(B) Faculty members with current tenure status;(C) Faculty members that initially received tenure status;(D) Faculty members with tenure status in which tenure was reviewed that year; and(E) Faculty members whose tenure status was:(i) Maintained;(ii) Conditionally maintained; and(iii) Revoked.

(A) Tenure-track positions;

(B) Faculty members with current tenure status;

(C) Faculty members that initially received tenure status;

(D) Faculty members with tenure status in which tenure was reviewed that year; and

(E) Faculty members whose tenure status was:(i) Maintained;(ii) Conditionally maintained; and(iii) Revoked.

(i) Maintained;

(ii) Conditionally maintained; and

(iii) Revoked.

(3) A copy of the report under subdivision (d)(2) of this section shall be provided to the division and the Legislative Council.

(e) Each state-supported institution of higher education shall require full-time faculty members of the college of education and related disciplines to work collaboratively with the accredited public schools in this state, and such faculty involvement shall be included as part of the annual review of the faculty as required by subsection (b) of this section.

(f) A state-supported institution of higher education may require an immediate review of a faculty member, including a faculty member with tenure, at any time if the state-supported institution of higher education determines that the faculty member has:(1) Exhibited professional incompetence in the performance of his or her mandatory job duties;(2) Continually or repeatedly failed to perform duties or meet professional responsibilities of the faculty member's position;(3) Failed to successfully complete any post-tenure review professional development program;(4) Violated laws or policies of a university system or a state-supported institution of higher education that are substantially related to the performance of the faculty member's duties;(5) Been convicted of a crime affecting the fitness of the faculty member to engage in teaching, research, service, outreach, or administration;(6) Engaged in unprofessional conduct that adversely affects the state-supported institution of higher education or the faculty member's performance of duties or meeting of responsibilities;(7) Falsified the faculty member's academic credentials; or(8) Met any other for-cause justification as defined in the state-supported institution of higher education's review policy.

(1) Exhibited professional incompetence in the performance of his or her mandatory job duties;

(2) Continually or repeatedly failed to perform duties or meet professional responsibilities of the faculty member's position;

(3) Failed to successfully complete any post-tenure review professional development program;

(4) Violated laws or policies of a university system or a state-supported institution of higher education that are substantially related to the performance of the faculty member's duties;

(5) Been convicted of a crime affecting the fitness of the faculty member to engage in teaching, research, service, outreach, or administration;

(6) Engaged in unprofessional conduct that adversely affects the state-supported institution of higher education or the faculty member's performance of duties or meeting of responsibilities;

(7) Falsified the faculty member's academic credentials; or

(8) Met any other for-cause justification as defined in the state-supported institution of higher education's review policy.

(g) This section shall not affect the ability of a state-supported institution of higher education to terminate or take other action against a nontenured or at-will faculty member in accordance with the policies of the state-supported institution of higher education .