As indicated in Policy IV-3, new tenured, tenure-track, or non-tenure track faculty members at the School of Law will be appointed to one of the three departments of the faculty (the “respective department” or “the hiring department”). Each department will have its own appointments committee and pursue the appointments process for its candidates. The following procedures govern the appointments process for each of the three departments: Clinical Education, Lawyering Skills and Legal Studies.
A. The Faculty Appointments Committee (“Committee”) for the respective department will consist of at least four members of the tenured or tenure-track faculty in the case of the Legal Studies department, and three members of the tenured or tenure-track faculty in the case of the Clinical Education and Lawyering Skills departments. The head of the department, in consultation with the Dean, will appoint all members of the Committee and appoint one member to serve as Chair. The Chair may be, but does not need to be, the head of the department. All committee appointments are for one year. If a member is unable to complete his or her term, a replacement will be appointed to serve the balance of that term.
The majority of committee members should be from the respective department absent unusual circumstances. (In the case of the Clinical Education and Lawyering Skills departments, because of their small size, unusual circumstances include when two or more department members are unavailable to serve on the committee). However, the Committee may include faculty from other departments in the School of Law(or, for that matter, from other schools or colleges in the University) and in appropriate cases may include School of Law staff. (Additional members of the Committee, such as an Affirmative Action Representative, may be added by the University.)
B. The Chair of the Committee will seek suggestions for entry-level and lateral faculty candidates from existing members of the law faculty and will encourage existing members of the law faculty to seek suggestions from the faculties of other law schools, prominent lawyers and judges, and other sources. The Chair will forward any suggestions that he or she receives to the other members of the Committee.
C. The Committee will decide, by majority vote, which candidates will be invited to interview at the AALS Faculty Recruitment Conference and/or on campus. Members of the Committee will conduct screening interviews at the AALS Faculty Recruitment Conference. Committee meetings are closed to non-members, unless the Committee decides otherwise.
D. A candidate invited to interview on campus will generally:
E. All faculty candidates who interview on campus will be discussed at a faculty meeting and voted upon by those eligible to vote. The Appointments Committee may present to the faculty its recommendations concerning whether to appoint a candidate, but there will be no separate vote on candidates by the Appointments Committee as part of the formal appointments process.
F. All votes regarding candidates are advisory only. Such votes represent the recommendation of the respective department’s faculty to the Dean and the Executive Vice President regarding whether a candidate should be offered a faculty appointment and, if so, whether the appointment should be tenured.
G. The Dean will make an independent recommendation to the Executive Vice President regarding whether a candidate should be offered a faculty appointment and, if so, whether the appointment should be tenured.
1. In the absence of exceptional circumstances, the Dean will not recommend the appointment of a candidate unless:
a. Two-thirds of those tenured and tenure-track faculty members in the hiring department who are present and voting at the meeting vote to recommend the appointment of the candidate; and
b. Those tenured and tenure-track faculty members present and voting to recommend the appointment of the candidate represent a majority of all tenured and tenure-track faculty in residence in the hiring department.
2. In the absence of exceptional circumstances, the Dean will not recommend that a candidate be offered tenure unless:
a. Two-thirds of those tenured faculty members in the hiring department who are present and voting at the meeting vote to recommend that the candidate be offered tenure; and
b. Those tenured faculty members present and voting to recommend that the candidate be offered tenure represent a majority of all tenured faculty in the hiring department.
H. After receiving the recommendations of the law faculty and the Dean, the Executive Vice President will make his or her own recommendation to the President, who makes the final decision regarding whether a candidate will be offered an appointment and whether that appointment will be tenured or untenured.
Adopted by the Law Faculty, July 18, 2002
Placed in catalog, August 6, 2002
Amendments approved by the Law Faculty, December 5, 2005 and January 23, 2006
Amendments approved by the Law Faculty, February 7, 2011
[ Note: The alternative is to not require that the 3- or 4-person minimum be met solely through faculty. That may make it somewhat easier to satisfy the departmental-majority requirement in smaller departments (where e.g., it is also desired to have a librarian on the committee), and it may make s-called “unusual circumstances” truly unusual. However, there are also sensible reasons for requiring that the minimums be met entirely through faculty: i.e., recruiting to the faculty should be done substantially by faculty.]