(a) For the purposes of this section, “Probationary faculty member” means the definition adopted in a joint rule promulgated by the commission and council. The rights provided to probationary faculty members by this section are in addition
to, and not in lieu of, other rights afforded to them by other rules and other provisions
(b) The president of each state institution of higher education shall give written
notice concerning retention or nonretention for the ensuing academic year to a probationary
faculty member not later than March 1.
(c) If a probationary faculty member who is not retained so requests, the president
or his or her designee shall inform the probationary faculty member by certified mail
within ten days of the reasons for nonretention. A probationary faculty member who desires to appeal the decision may proceed to
level three of the grievance procedure established in article two, chapter six-c of
this code. If the administrative law judge decides that the reasons for nonretention are arbitrary,
capricious or without a factual basis, the faculty member shall be retained for the
ensuing academic year.
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