Appeal Procedures

a. Appeal of Non-reappointment

i. Grounds for Appeal
A faculty member who has received notice of non-reappointment may appeal that judgment on the basis of either procedural errors or violation of academic freedom that may have influenced the academic department or program, and/or the Reappointments Committee or the Promotions Committee, and/or the provost (in the case of first and contract reviews) or the president (in the case of tenure reviews).

ii. Procedures for All Appeals
The faculty member must notify the secretary of the Appeals Council of intent to appeal in writing within 10 days of receipt of notification of non-reappointment.

The secretary informs the vice president for Academic Affairs and dean of the faculty (VPAA/DOF) and the Reappointments Committee or the Promotions Committee of the intent to appeal.

The faculty member must submit his or her appeal and the grounds for the appeal (academic freedom or procedural error) to the secretary of the Appeals Council within 20 days after receipt of notification of non-reappointment.

The Appeals Council will select an Appeal Committee to evaluate the grounds of the appeal. The Appeal Committee does not reconsider or judge the reappointment decision itself, which remains the charge of the Reappointments Committee or the Promotions Committee, and the provost or the president. The Appeal Committee will be composed of three members of the Appeals Council. In no case will a member of the Appeal Committee be a member of the appellant's department or someone who was involved in the reappointment review in another capacity.

The appellant is informed of the composition of the Appeal Committee by the secretary of the Appeals Council, and may request, for good cause, within a week of notification, that any member selected be disqualified from serving on the committee. Individual panel members may also request, for good cause, such disqualification. The Appeals Council decides on the validity of any such requests.

The Appeal Committee meets with the appellant, the Reappointments Committee or the Promotions Committee, and with any other persons it deems appropriate over the course of its investigation of the appeal. The Reappointments Committee or the Promotions Committee explains to the Appeal Committee the procedures followed in arriving at its recommendation and the reasons for the recommendation. The provost (in the case of first and contract reviews) or the president (in the case of tenure reviews) explains to the Appeal Committee the procedures followed in reaching his/her decision and the reasons for the decision. The committee has access to all written documents pertaining to the reappointment decision. The contents of those documents, and all other substantive matters pertaining to the committee's investigation, are held strictly confidential. The burden of proof rests with the faculty member. At the conclusion of the investigation, the chair of the Appeal Committee submits the committee's findings, in writing, to the provost (in the case of first and contract reviews), the president (in the case of tenure reviews), members of the Reappointments Committee or the Promotions Committee, the VPAA/DOF, and the appellant. The appellant may request meetings with the Appeal Committee before its investigation begins and at its conclusion.

The Appeals Council will inform the appellant of its findings within 60 days of the date the appeal was submitted to the Council. In the case of an appeal submitted after April 15, the Appeals Council may determine that the appeal will be considered at the beginning of the subsequent fall. In such cases, the Appeals Council will inform the appellant of its findings within 60 days of the beginning of the fall term, no later than November 10.

iii. Appeal on the Grounds of Violation of Academic Freedom
If the Appeal Committee concludes that the appeal on grounds of a violation of academic freedom lacks adequate foundation, the provost or the president (as appropriate) will dismiss the appeal.

If the Appeal Committee concludes that there are grounds for appeal on the basis of academic freedom, the provost or the president (as appropriate) will notify the Board of Trustees and ask that the board conduct a hearing.

The board designates one of its standing committees, or appoints a committee, to hold the hearing. The hearing will be conducted in a manner that will afford the faculty member fair opportunity to present his or her case and to permit the committee to inquire into it. Should the faculty member so request, a portion of the hearing will be conducted with the provost (in the case of first and contract reviews) or the president (in the case of tenure reviews) not present. The VPAA/DOF will remain present throughout the appeal and maintain a record of the proceedings. The decision of the trustees is final.

If the final decision is to reject the appeal, the non-reappointment of the faculty member will stand, and the provost (in the case of first and contract reviews) or the president (in the case of tenure reviews) will so inform the appellant. If the decision is to uphold the appeal, reappointment will be offered to the faculty member on terms no less favorable than the terms of his or her current appointment.

iv. Appeal on the Grounds of Procedural Error
If the Appeal Committee concludes that there are grounds for an appeal on the basis of procedural errors, the chair of the Appeal Committee will direct the relevant parties to correct all of the errors cited in its report within a specified timeline, and will direct the parties to notify the chair in writing when the procedural errors have been corrected. The Appeal Committee's findings with regard to matters of procedure are binding on all parties. When notification of all corrections has been submitted to the Appeal Committee, the chair of the Committee will forward this information to the provost (in the case of first and contract reviews) or the president (in the case of tenure reviews), the VPAA/DOF, and the Reappointments Committee or the Promotions Committee. The VPAA/DOF will then charge the committee that made the original recommendation with reconsidering its recommendation while avoiding procedural violations. If the Appeal Committee determines that a procedural error occurred, but was immaterial to the outcome of the review, the fact that an error occurred is not in itself grounds for upholding the appeal. The Appeal Committee may note the error in its report, but conclude that it does not warrant a reconsideration of the recommendation.

If after reconsideration as the result of an appeal the Reappointments Committee or the Promotions Committee recommends reappointment, the provost or the president (as appropriate) will reconsider his/her decision.

If the Appeal Committee concludes that the appeal on the grounds of procedure lacks adequate foundation, the Appeal Committee will dismiss the appeal. Upon completion of its deliberations, the Appeal Committee will prepare a confidential report to be used by future appeal committees summarizing the nature of each proposed procedural error and the Committee's decision. All information identifying individuals or departments will be excluded from the report. Copies of the section of the handbook on the rules of appointment and tenure from the year of the appeal will be filed with the report.

 

Faculty Councils and Committees

There are seven general councils and committees of the faculty:

(1) The Council on Reviews (COR) consisting of the Promotions Committee and the Reappointments Committee

(2) The Faculty Council 

(3) Educational Affairs Committee (EAC)

(4) The Strategy Committee

(5) The Resources Committee

(6) The Appeals Council

(7) The Physical Education and Athletics Committee on Reappointment

These bodies advise the administration and faculty on policy and act for the faculty in specified areas.

Any council may establish standing or ad hoc committees, in addition to those designated below, which may include persons who are not members of the parent body. All such committees will report to the faculty through the parent group. Any positions on such committees are filled through appointment by the Committee on Committees. The president is a member, ex officio, of all councils and committees.

No member of the faculty may serve simultaneously on more than one of the following committees: the Council on Reviews, the Faculty Council, the Educational Affairs Committee, the Strategy Committee, the Resources Committee, and the Appeals Council. Faculty members who will be on leave during the year in which a term is scheduled to begin are ineligible for election.

After serving the equivalent of a full term (three years) on the Teaching Resources Committee and/or Educational Affairs Committee, or Faculty Council, faculty members may annually choose to have their names removed from the ballots for all elected committees for two years. Time spent on leave does not count towards this grace period. Members of the faculty will not be obligated to serve for more than a total of nine years (3 full terms) on any combination of these committees.

After three years of service on either the Promotions Committee or the Reappointments Committee, or the former Committee on Reappointment, professors may annually choose to have their names removed from the ballots for all elected committees for three years. Time spent on leave does not count towards this grace period.

After serving a total of six years (two full terms) on either the Promotions Committee or the Reappointments Committee, or the former Committee on Reappointment, professors may annually choose to have their names removed from the ballots for these committees for the rest of their employment at Middlebury College. A faculty member elected to a two- or three-year term on the Promotions Committee or the Reappointments Committee, who will satisfy the six-year lifetime service limit on those committees before the expiration of the elected term, may step down from the Promotions Committee or the Reappointments Committee at the end of the academic year in which the six-year limit is reached.  Faculty who wish to exercise this option must notify the Office of the Vice President for Academic Affairs and Dean of the Faculty by no later than November 1 in the year at the end of which he or she will step down. 

A faculty member may request to be exempted from the ballots for elected committees and from selection for standing appointed committees, on an annual basis, for a period of time not to exceed four years in a career. Normally no more than two of these four years may be consecutive.

To be exempt from committee service during the following year, faculty members must normally notify the Office of the Vice President for Academic Affairs and Dean of the Faculty by November 1.

Faculty members elected to two- or three-year committee terms must normally wait until the completion of the term to which they were elected before being able to avail themselves of this exemption. Such faculty members may, however, request to have their names removed from the ballots for elected committees that take precedence, in terms of the order of election, over the committee on which they are currently serving. If the request is made before the final year of a two- or three-year elected term of service, it will not count toward the total number of years for which one may request exemption from committee service.

If more than 12 percent of the full-time faculty request exemptions for a given year, then the requests will be honored on the basis of seniority, as determined by date of first appointment to the faculty.

Elections for all elected faculty councils and committees will take place online. The vice president for Academic Affairs and dean of the faculty (VPAA/DOF) will determine those members of the faculty, including faculty on leave, who are eligible to vote in the elections.

The online polls for each election will remain open for a minimum of two working days, defined as days on which classes are scheduled, weekdays during the period between Winter Term and the spring semester, or weekdays during the examination period.

The order of committee elections is as follows: Promotions Committee, Reappointments Committee, Faculty Council, Educational Affairs Committee, Strategy Committee, Resources Committee, and Appeals Council. The schedule for elections in each academic year shall be determined by the VPAA/DOF in consultation with the Faculty Council. The elections for the Council on Reviews and the Educational Affairs Committee shall be scheduled whenever possible to be completed before the beginning of the spring semester.

1.A. The Promotions Committee of the Council on Reviews

 a. Function

The Promotions Committee advises the president on each case in which a faculty member is under review for promotion to tenure or to full professor, or is facing dismissal.

The vice president for Academic Affairs and dean of the faculty (VPAA/DOF) sits with the Promotions Committee. It is expected that during the course of a review for tenure, the president and provost will become familiar with the scholarship and teaching record of the candidate. All decisions and recommendations by both the committee, the president and the provost will be made and justified in accordance with the provisions and procedures specified in the Rules of Appointment and Tenure in the Faculty Handbook section of this handbook.

The committee as part of the Council on Reviews will hold an annual open meeting to explain its procedures and to respond to questions and concerns from the faculty.

b. Election

i. The committee will consist of three tenured full professors from the full-time teaching faculty elected by the faculty. No more than two members of the committee may be from one division and no more than one from a department. Each year a member of the faculty will be elected to a three-year term.

ii. No faculty member may serve concurrently as a dean or other administrative officer and as a member of the Promotions Committee.

iii. A faculty member elected to a two- or three-year term on the Promotions Committee who is on leave before the expiration of the elected term must serve the remaining years of the elected term after returning from leave. 

iv. Promotions Committee members will be given reduced teaching loads, as determined by the VPAA/DOF.

v. All balloting for the Promotions Committee will be conducted online and coordinated by the Office of the Vice President for Academic Affairs and Dean of the Faculty.

vi. The preliminary ballot will list all tenured full professors, with the exception of current members of the Council on Reviews, those who will be on leave, and those made ineligible or whose obligation is waived because of stipulations set forth above. On the preliminary ballot, faculty members may vote for up to five candidates.

Following the preliminary ballot, a second ballot will be distributed, listing the five candidates who received the greatest number of votes on the preliminary ballot. Faculty members may vote for up to two candidates on this ballot. After the second round of voting, a final ballot will be distributed, listing the two candidates who received the greatest number of votes on the second ballot. Faculty members may vote for one candidate on this ballot. The candidate with the greatest number of votes will be declared elected.

For any second or third vacancy on the Promotions Committee, the election procedure as described above will be repeated, using the same preliminary ballot. The second ballot in each case will list the names of five candidates who remain eligible for election to the Promotions Committee. If the vacancies are of different lengths, the longest vacancy will be decided by the first round of election, and shorter vacancies by subsequent rounds of election.

In the event of a tie vote on the preliminary ballot of any election, the names of candidates who received the five highest vote totals will be included on the second ballot.  On the second ballot of any election, in the event of a tie among three or more candidates for first place, a runoff ballot will be issued, listing the names of the tied candidates.  Faculty members may vote for one candidate on the runoff ballot.  The names of the two candidates who received the greatest number of votes on the runoff ballot will appear on the final ballot.  On the second ballot of any election, in the event of a tie among two or more candidates for second place, a runoff ballot will be issued, listing the names of the tied candidates.  Faculty members may vote for one candidate on the runoff ballot.  The name of the candidate who received the greatest number of votes on the runoff ballot will appear on the final ballot, along with the name of the candidate who received the greatest number of votes on the second ballot.

1.B. The Reappointments Committee of the Council on Reviews (COR)

 a. Function

The Reappointments Committee advises the provost in all reappointment decisions. This committee also conducts ten-year reviews. The VPAA/DOF sits with the Reappointments Committee. All decisions and recommendations by both the committee and the provost shall be made and justified in accordance with the provisions and procedures specified in the Rules of Appointment and Tenure in the Faculty Handbook chapter of this handbook.

The committee as part of the Council on Reviews will hold an annual open meeting to explain its procedures and to respond to questions and concerns from the faculty.

b. Election

i. The committee will consist of three tenured full professors from the full-time teaching faculty elected by the faculty. No more than two members of the committee may be from one division and no more than one from a department. Each year a member of the faculty will be elected to a three-year term.

ii. No faculty member may serve concurrently as a dean or other administrative officer and as a member of the Reappointments Committee.

iii. A faculty member elected to a two- or three-year term on the Reappointments Committee who is on leave before the expiration of the elected term must serve the remaining years of the elected term after returning from leave. 

iv. Reappointments Committee members will be given reduced teaching loads, as determined by the VPAA/DOF.

v. All balloting for the Reappointments Committee will be conducted online and coordinated by the Office of the Vice President for Academic Affairs and Dean of the Faculty.

vi. The preliminary ballot will list all tenured full professors, with the exception of current members of the Council on Reviews, those who will be on leave, and those made ineligible or whose obligation is waived because of stipulations set forth above. On the preliminary ballot, faculty members may vote for up to five candidates.

Following the preliminary ballot, a second ballot will be distributed, listing the five candidates who received the greatest number of votes on the preliminary ballot. Faculty members may vote for up to two candidates on this ballot.  After the second round of voting, a final ballot will be distributed, listing the two candidates who received the greatest number of votes on the second ballot.  Faculty members may vote for one candidate on this ballot. The candidate with the greatest number of votes will be declared elected.

For any second or third vacancy on the Reappointments Committee, the election procedure as described above will be repeated, using the same preliminary ballot.  The second ballot in each case will list the names of five candidates who remain eligible for election to the Reappointments Committee.  If the vacancies are of different lengths, the longest vacancy will be decided by the first round of election, and shorter vacancies by subsequent rounds of election.

In the event of a tie vote on the preliminary ballot of any election, the names of candidates who received the five highest vote totals will be included on the second ballot.  On the second ballot of any election, in the event of a tie among three or more candidates for first place, a runoff ballot will be issued, listing the names of the tied candidates.  Faculty members may vote for one candidate on the runoff ballot.  The names of the two candidates who received the greatest number of votes on the runoff ballot will appear on the final ballot.  On the second ballot of any election, in the event of a tie among two or more candidates for second place, a runoff ballot will be issued, listing the names of the tied candidates.  Faculty members may vote for one candidate on the runoff ballot.  The name of the candidate who received the greatest number of votes on the runoff ballot will appear on the final ballot, along with the name of the candidate who received the greatest number of votes on the second ballot.

2. The Faculty Council

a. Function

Faculty Council is the executive committee of the faculty. In this capacity it (1) coordinates faculty business; (2) represents the College faculty when working with the administration and/or Board of Trustees on all matters related to the College faculty; (3) acts as the Committee on Committees; and (4) in conjunction with other elected faculty committees, works with the administration and/or Board of Trustees on matters of shared interest related to the College, the Schools, and the Institute. In fulfilling these roles, Faculty Council will:

i. Set the agenda for faculty meetings (plenary, by divisions, or in small groups), in consultation with the faculty moderator and the vice president for Academic Affairs and dean of the faculty (VPAA/DOF);

ii. Act on matters that members of the faculty, administration, or Board of Trustees submit to it and/or to the faculty moderator. Actions may include by are not limited to: (1) providing information on, or interpretations of, matters submitted to it; (2) referring questions to other committees for further consideration or action; (3) convening meetings with other elected or appointed committees; (4) referring matters to the full faculty (with a recommendation for further action and the text of motions, when a vote is in order); (5) issuing its own decision on matters submitted to it when allowable according to the rules of the faculty;

iii. Meet with the VPAA/DOF and the faculty moderator once a month to discuss plenary session agendas, and meet separately with the president or the VPAA/DOF at least once a month to work on business before the faculty or under consideration by the faculty or administration. It may, through its chair, request additional meetings with the president, the VPAA/DOF, or other administrators to address matters under consideration;

iv. As representatives of the College faculty, advise the president, provost, and VPAA/DOF on all administrative appointments (including faculty appointments to ad hoc committees established by the administration), and, in a timely manner, on plans for administrative restructuring, especially as they concern the academic interests of the College. When necessary, discussions regarding appointments and restructuring may be confidential. The faculty’s expectation, however, is that discussion of these matters will be full and frank and that the president will respond to issues raised by the Council with due attention;

v. Act, as Conference Committee (either as a whole or through at least three of its members) with the College Board of Overseers twice a year to discuss matters of mutual concern;

vi. Act as the Conference Committee (either as a whole or through at least three of its members) with representatives of the Board of Trustees as necessary to discuss matters of collective interest to the College, the Schools, and the Institute, and to assess the process of shared governance;

vii. Serve as the president’s, provost’s and Board chair’s first point of contact with the College faculty on matters requiring timely response. Faculty Council may refer questions to other committees, as it deems appropriate. At the request of the president, provost, chair of the Board, VPAA/DOF, or the chair of Faculty Council, discussions of matters raised in these meetings may be held in confidence, with the expectation that in due course they will receive full and open discussion as any resultant decision-making process unfolds;

viii. Keep permanent records of all Council proceedings. It will, upon the request of any member, take a Council vote on matters before it;

ix. Report to the faculty at its earliest plenary session subsequent to Council meetings;

x. Meet with Staff Council and elected faculty committees (either separately or in come combination) at least once a year regarding important matters before the Councils or committees and maintain open lines of communication with all committees; and

xi. Act, in consultation with the VPAA/DOF, as a Committee on Committees. In this capacity, Faculty Council will appoint faculty members to, and provide oversight for, all standing committees. The Council may also appoint ad hoc committees to consider and make recommendations regarding matters outside the scope of existing standing committees or to supplement the work of standing committees when necessary. It may recommend to the faculty the reconstruction or abolition of committees. In this function, the Council’s actions are subject to ratification by the faculty.

b. Composition

i. The council will consist of four tenured faculty members, two pre-tenure (i.e., nontenured regular appointment) faculty members, and one special appointment faculty member. Tenured and pre-tenure faculty must have completed two years of full-time faculty status at Middlebury before his or her elected term begins. Special appointment faculty members are eligible for election if and only if they have contracts extending for at least one year beyond the date of election, and have been a faculty member at the College for at least seven years.  Full-time members of the department of physical education are eligible for election to Faculty Council in the pre-tenure category.  A member of the Faculty Council may not simultaneously serve on the Council on Reviews, the Educational Affairs Committee, the Strategy Committee, the Resources Committee, or the Appeals Council. No more than two members of the Faculty Council may be from one division, and no more than one member may be from one department.

ii. The members of the Faculty Council will elect one of its tenured members to serve as chair. The chair will run meetings, set Council meeting agendas (in consultation with the faculty moderator, the president, or the VPAA/DOF as appropriate), write reports for the Council, report to the faculty at plenary sessions, and coordinate work with the chairs of other committees.

iii. Term of Election:  Normally, members of the faculty will serve for three-year terms. A pre-tenure Faculty Council member who receives tenure during his or her term will complete the term as a tenured member, and the resulting vacancy in the pre-tenure ranks will be filled by election, as specified below.  Changes in the faculty status of special appointment members (e.g., to pre-tenure or tenured status) will be treated in parallel fashion.  If changes in faculty status are such that the Faculty Council is no longer composed of four tenured members, two pre-tenure members, and one special appointment member, then the VPAA/DOF, in consultation with the Faculty Council, will decide which of its members will be excused from Faculty Council prior to the conclusion of his or her term.

c. Election

All balloting for Faculty Council will be conducted online and coordinated by the Office of the Vice President for Academic Affairs and Dean of the Faculty. For elections for Faculty Council, a preliminary ballot will include separate lists of all eligible members of the faculty in those membership categories (tenured, pre-tenure, and special appointment) for which positions are to be filled. Faculty members who will be on leave during the year in which a term is scheduled to begin are ineligible for election. On the preliminary ballot, faculty members may vote for up to five tenured candidates, up to five pre-tenure candidates, and up to five special appointment candidates.  Following the preliminary ballot, a second ballot will be distributed, listing separately the names of the five tenured candidates, the five pre-tenure candidates, and the five special appointment candidates who received the greatest number of votes on the preliminary ballot.  Faculty members may vote for up to two candidates in each category.  After the second round of voting, a final ballot will be distributed, separately listing the two candidates in each category who received the greatest number of votes on the second ballot.  Faculty members may vote for one candidate in each category.  The candidate with the greatest number of votes will be declared elected.

For any second, third or fourth tenured vacancy and/or any second pre-tenure vacancy on the Faculty Council, the election procedure as described above will be repeated, using the same preliminary ballot and separate lists of tenured and pre-tenure faculty.  The second ballot in each case will list the names of five candidates who remain eligible for election to the Faculty Council. If the vacancies are of different lengths, the longest vacancy will be decided by the first round of election, and shorter vacancies by subsequent rounds of election.

In the event of a tie vote on the preliminary ballot of any election, the names of candidates who received the five highest vote totals will be included on the second ballot.  On the second ballot of any election, in the event of a tie among three or more candidates for first place, a runoff ballot will be issued, listing the names of the tied candidates.  Faculty members may vote for one candidate on the runoff ballot.  The names of the two candidates who received the greatest number of votes on the runoff ballot will appear on the final ballot.  On the second ballot of any election, in the event of a tie among two or more candidates for second place, a runoff ballot will be issued, listing the names of the tied candidates.  Faculty members may vote for one candidate on the runoff ballot.  The name of the candidate who received the greatest number of votes on the runoff ballot will appear on the final ballot, along with the name of the candidate who received the greatest number of votes on the second ballot.

3. Educational Affairs Committee (EAC)

a. Function

The Educational Affairs Committee has two functions of equal importance: (1) to oversee the general direction of the College curriculum and (2) to make recommendations on staffing and the allocation of teaching resources. The Educational Affairs Committee considers proposals for new majors, standalone minors*, and programs, changes in degree requirements and the College academic calendar, and other matters of general educational policy, and refers the proposals it approves to the full faculty for further action.  The Committee considers proposals for new and restored positions on the faculty and for replacement staffing for faculty on leave, and recommends the proposals it approves to the provost or the provost’s designate. The committee's purpose is to provide guidance and direction to the manner in which resources are allocated to carry out Middlebury's educational mission as a liberal arts college.

*A standalone minor is defined as any minor for which there is no corresponding major.

b. Composition

The Educational Affairs Committee will be composed of seven members: five elected, full-time, tenured members of the faculty; and two academic administrators appointed by the provost, one of whom will chair the committee. When voting is necessary, only the elected faculty members shall vote, except in the case of a tie, when the chair will cast a deciding vote. Faculty members elected to the EAC normally will not, during their term of office, serve on any other committee or serve as chair of a department or division. In carrying out its functions, the Educational Affairs Committee will create, as it deems necessary, ad hoc committees to obtain information and recommendations about particular issues. The composition of such ad hoc committees will be at the discretion of the Educational Affairs Committee, except that ad hoc committees on matters of general educational policy or academic regulations will always include at least one student member.

The Student Government Association will be responsible for the appointment of four student representatives to serve as members of a Student Educational Affairs Committee (SEAC). The Student EAC will invite one faculty member of the EAC to serve in an advisory capacity. The EAC will meet with the SEAC at least once a month to discuss matters of general educational policy. The EAC will consult with the SEAC prior to presenting proposals that require approval of the full faculty, such as proposals for new majors, standalone minors, and programs, changes in degree requirements and the College academic calendar, and other matters of general educational policy. The SEAC may initiate proposals for consideration by the EAC. The members of the SEAC are permitted to attend monthly faculty meetings, with the right to speak during consideration of curricular measures presented by the Educational Affairs Committee.

c. Election

i. The five elected members of the Educational Affairs Committee will be elected at large by all voting members of the faculty. No more than two members of the committee may be from one division, and no more than one from a department. The elected members will serve three-year terms. EAC members are offered the option of a course release if they are also serving as department chair, or at the discretion of the VPAA/DOF.

ii. All balloting for the EAC will be conducted online and coordinated by the Office of the Vice President for Academic Affairs and Dean of the Faculty.

iii. The preliminary ballot will list all tenured members of the full-time teaching faculty, with the exception of the members of the Council on Reviews and Faculty Council, and those who will be on leave during the following year. On the preliminary ballot, faculty members may vote for up to five candidates.

Following the preliminary ballot, a second ballot will be distributed listing the five candidates who received the greatest number of votes on the preliminary ballot.  Faculty members may vote for up to two candidates on this ballot.  After the second round of voting, a final ballot will be distributed listing the two candidates who received the greatest number of votes on the second ballot.  Faculty members may vote for one candidate on this ballot.  The candidate with the greatest number of votes will be declared elected.

For any second or third vacancy on the EAC, the election procedure as described above will be repeated, using the same preliminary ballot.  The second ballot in each case will list the names of five candidates who remain eligible for election to the EAC.  If the vacancies are of different lengths, the longest vacancy will be decided by the first round of election, and shorter vacancies by subsequent rounds of election.

For any fourth or fifth vacancy on the EAC, a new preliminary ballot will be issued, and the election procedures as described above will be followed.

In the event of a tie vote on the preliminary ballot of any election, the names of candidates who received the five highest vote totals will be included on the second ballot.  On the second ballot of any election, in the event of a tie among three or more candidates for first place, a runoff ballot will be issued, listing the names of the tied candidates.  Faculty members may vote for one candidate on the runoff ballot.  The names of the two candidates who received the greatest number of votes on the runoff ballot will appear on the final ballot.  On the second ballot of any election, in the event of a tie among two or more candidates for second place, a runoff ballot will be issued, listing the names of the tied candidates.  Faculty members may vote for one candidate on the runoff ballot.  The name of the candidate who received the greatest number of votes on the runoff ballot will appear on the final ballot, along with the name of the candidate who received the greatest number of votes on the second ballot.

d. Procedures

i. Educational Policy

(a) All proposals affecting general educational policy will be recommended to the faculty through the Educational Affairs Committee.

(b) The Educational Affairs Committee will make recommendations regarding general educational policy at one plenary session, and such recommendations will be discussed in divisions or in small group meetings prior to the next plenary session.

(c) Such matters may not be initiated at the May plenary session of the faculty.

ii. Programs and Majors

(a) The Educational Affairs Committee will recommend for approval by a vote of the faculty any new program, standalone minor, or major or the elimination of any existing program, standalone minor, or major.

(b) Proposals for new programs, standalone minors, and majors to be introduced in the following year's catalog should be submitted, with divisional approval, to the EAC no later than November 15. All proposals for new programs and majors recommended by the EAC will be presented to the full faculty for a vote.

iii. Academic Regulations

(a) Proposals for changes in academic regulations included in the catalog and the College Handbook will be referred to the Educational Affairs Committee.

(b) The Educational Affairs Committee may either consider these proposals itself, refer them to an ad hoc committee, or refer them to the Curriculum Committee.  Recommendations regarding changes in academic regulations may be brought directly to the faculty for a vote by an ad hoc committee or by the Curriculum Committee.

e. Standing Committees

The various standing committees will keep the Educational Affairs Committee informed of their activities through minutes of all their meetings. In a given year the EAC may also decide to concentrate its attention on the issues arising before a particular standing committee: at the EAC's request, one of its members may be named to sit on such a committee and to serve as a liaison between the two groups. The standing committees include:

i. Curriculum Committee

(a) Composition: the dean of curriculum, who is chair, four faculty members from different divisions, and two student members, elected by the Student Government Association.

(b) Function: To approve or reject requests for additions, deletions, or alterations of courses that have been recommended by the appropriate divisions and/or departments; to act upon proposed changes in requirements for existing programs, majors, and minors; to exercise general oversight of the distribution requirement and the cultures and civilizations requirement; to exercise general oversight of the first-year seminar program; to undertake responsibility for the administration of an effective and well-balanced winter term program; to approve, in consultation with the dean of the College or designee, proposals from students for Independent Scholar status. The divisions may propose to the Curriculum Committee that certain courses be given divisional designations rather than departmental letters. Such proposals require prior consent of the instructor's department and the division in which the course is to be offered.

(c) Procedure:

(1) Proposals for the addition of courses to the curriculum must be presented to the Curriculum Committee for approval. Proposed courses for the fall term should be submitted to the Curriculum Committee by the deadline listed in the Chairs' Calendar.

(2) Proposals for changes in requirements for existing programs, majors, and minors should be submitted to the Curriculum Committee.

(3) Disposition of proposals in categories (1) and (2) may take one of the following forms:

Changes approved unanimously by the committee become a part of the curriculum except those involving financial commitments or teaching staff.

All proposals other than those passed unanimously may, at the discretion of any member of the Curriculum Committee, be brought by the committee to the Educational Affairs Committee for action; if approved, they become part of the curriculum except those involving financial commitments or teaching staff.

The Curriculum Committee will consult the Educational Affairs Committee before acting on proposals which involve questions of financial commitments or teaching staff.

All approved changes will be reported to the faculty.

ii. Administration Committee

This committee is responsible for reviewing petitions from students, and from faculty members on behalf of students as policy dictates, for exceptions to certain academic policies. Policies overseen by the Administration Committee include the following:

  • course additions and drops after the deadline;
  • Special Student status petitions;
  • requests for reduced course load for personal or medical reasons;
  • readmission after academic failure or conduct-related suspension;
  • reinstatement;
  • retaking of courses;
  • waivers of first-year Winter Term or senior year in residence requirements;
  • acceptance of AP credits after the deadline;
  • acceleration of graduation date;
  • and grade change requests.

Procedures for submitting a petition may be found on the Administration Committee website.

The Administration Committee is composed of two co-chairs, generally a dean from the Dean of Students Office and a returning faculty member; three faculty members from across the academic divisions; and the registrar and associate registrar. Only the members of the faculty and dean serve as voting members.

The Committee works with petitioners to identify and gather all information required to allow them to assess the petition thoroughly and thoughtfully. When evaluating petitions, Committee members consider the goals of the salient policies; the responsibilities of students and of the institution; the principles of fairness to the petitioner and fairness to all other affected parties; and the individual circumstances of the petitioner. Underlying these considerations is the expectation that students are enrolled at Middlebury to pursue their academic degree; that they must adhere responsibly to the policies that support this goal; and that they must address any factors that interfere with this goal, and seek help from the institution if they are unable to do so independently, in a timely fashion.

Petitions may be approved, tabled, or denied. Petitions are tabled when the Committee identifies additional information needed for the evaluation; upon its receipt, the Committee resumes consideration. In cases of denial, petitioners who wish to provide relevant new or clarifying information may resubmit their petition to the Administration Committee for reconsideration.

To consider any appeals regarding a student's status including readmission.

iii. Athletic Policy Committee

The committee has the responsibility to formulate and recommend to the faculty policy concerning intercollegiate athletics for Middlebury College undergraduates, in accordance with the rules of the National Collegiate Athletic Association (NCAA), the Eastern College Athletic Conference (ECAC), and the New England Small College Athletic Conference (NESCAC), in which Middlebury maintains membership. The committee acts as an executive committee. Its decisions are subject to review at the following faculty meeting through approval of the minutes of its meeting. As an executive committee, the committee has the following responsibilities: (a) approving all athletic schedules within the limits established by the faculty; (b) approving the number of classes missed for a particular event; (c) making exceptions to established faculty athletic policy; and (d) obtaining financial authorization from the administration prior to taking executive action or recommending action by the faculty. One of the faculty members of the committee will serve as the College's NCAA faculty representative.  The chair of the Athletic Policy Committee, who will be a tenured member of the faculty, will also serve as a member of the Physical Education and Athletics Committee on Reappointment (PEACOR).

iv. Preprofessional Committees

To prepare committee recommendations; to assist students in their applications to medical, dental, engineering, and other professional schools.

v. Education Studies Committee

To work with the director of education studies in an advisory capacity. The committee consists of the director of education studies and two faculty members.

vi. Information Services Committee

The committee is charged with reviewing and recommending priorities and policies about the acquisition, deployment, use, and support of library, media, and computing resources.

vii. Off-Campus Study

To review, appraise, and approve or disapprove all student applications for a leave of absence to study off campus. The committee will be composed of two members of the faculty, one of whom is from the foreign language division, the director of off-campus study, and two senior students who have participated in off-campus programs.

viii. Center for Careers and Internships Advisory Committee

To work with the director of the Center for Careers and Internships in an advisory capacity. The committee consists of the director, two faculty members, and students.

ix. Honorary Degree Committee

Two faculty members will be appointed to serve on the trustee committee that recommends to the president candidates for honorary degrees and Commencement speakers.

4. The Strategy Committee

a. Function

The Strategy Committee represents the College faculty in long-range strategic planning with the administration and the Board of Trustees. Though the committee is concerned primarily with the College, it will also represent the faculty in shared-governance discussions on matters of common interest to the College, the Schools, and the Institute. The committee is also charged with engaging the faculty, administration, and trustees on developments in higher education (both nationally and globally), as they might affect Middlebury College. In fulfilling this charge, the Strategy Committee will:

1. Work closely with the provost to develop and monitor long-range strategic planning especially as it relates to the integrity of Middlebury College and possible collaborations among it, the Schools, and the Institute.

2. Meet each fall and spring term, and at other times as necessary, with the Resources Committee to review Middlebury’s finances as they relate to current and long-range priorities involving the College’s mission. The Strategy Committee will meet with the provost once each fall and spring term, and at other times as necessary.

3. Consult with other elected or appointed faculty committees regarding issues that may be of special significance for their work on long-term strategic planning.

4. Meet with Faculty Council, and any other committees the Council invites, to collaborate on issues requiring broad discussion among leaders of the faculty.

5. Annually engage the College faculty in a discussion of issues of long-term strategy, especially as they relate to the College, and solicit faculty input regarding them. The committee may also sponsor reading groups or lectures on topics related to issues in higher education that warrant consideration by the faculty.

6. Meet regularly, as representatives of the College’s faculty, with the Strategy Committee of the Board of Trustees to review Middlebury’s long-range planning, especially as it relates to the academic mission of Middlebury College and its collaborations with the Institute and the Schools. When appropriate and by agreement with the administration and members of the Board’s Strategy Committee, these discussions may be held in confidence, with the expectation that in due course they will receive full and open discussion as any resultant decision-making procedure unfolds.

7. Contribute to the development of strategic plans initiated by the administration or the Board of Trustees. The committee will work with any ad hoc planning committee appointed by the administration or the Board, either through the appointment of one or more members of the Strategy Committee to the ad hoc planning committee, or through active consultation with the ad hoc planning committee.

8. At the end of each academic year submit a brief report to the faculty on its deliberations and actions, and identify issues for consideration the following year. This report will be included in the minutes of the last plenary session of the faculty.

b. Composition

i. The Strategy Committee will consist of four faculty members. Membership on the Strategy Committee is open to all tenured faculty members, all pre-tenured faculty members on regular appointment, and all faculty members on special appointment who have contracts extending for at least one year beyond the expiration date of the term to which they would be elected or appointed. A member of the Strategy Committee must have completed two years of full-time faculty status at Middlebury before his or her term begins. A member of the Strategy Committee may not simultaneously serve on the Council on Reviews, the Faculty Council, the Educational Affairs Committee, the Resources Committee, or the Appeals Council. No more than two members of the Strategy Committee may be from one division and no more than one member may be from one department.

ii. The term for members of the Strategy Committee is three years. Two of the positions will be elected by the faculty. The remaining two positions will be appointed by the Faculty Council in its role as the Committee on Committees.

iii. Elections and appointments will normally be for three-year terms. Positions that become vacant due to leaves, retirements, or for other reasons will be filled in the same way that the departing member was first selected for the committee: vacancies in elected positions will be filled by election, and vacancies in appointed positions will be filled by appointment.

iv. The Strategy Committee will elect one of its own members as chair. The chair will run meetings, set meeting agendas, write reports, report to the faculty at plenary meetings, and coordinate work with other committee chairs as needed.

c. Election

Balloting to fill the elected positions on the Strategy Committee will be conducted online and coordinated by the Office of the Vice President for Academic Affairs and Dean of the Faculty. For election for the Strategy Committee, a preliminary ballot will include a list of all eligible tenured members, all eligible pre-tenured faculty members on regular appointment, and all eligible faculty members on special appointment who have contracts extending for at least one year beyond the expiration date of the term to which they would be elected. Faculty members who will be on leave during the year in which a term is scheduled to begin are ineligible for election. On the preliminary ballot, faculty members may vote for up to five candidates. Following the preliminary ballot, a second ballot will be distributed, listing the names of the five candidates who received the greatest number of votes on the preliminary ballot. Faculty members may vote for up to two candidates on the second ballot. After the second round of voting, a final ballot will be distributed, listing the two candidates who received the greatest number of votes on the second ballot. Faculty members may vote for one candidate on the final ballot. The candidate with the greatest number of votes will be declared elected.

If there is a second vacancy on the Strategy Committee to be filled by election in a given year, the election procedure as described above will be repeated. If the vacancies are of different lengths, the longest vacancy will be decided by the first round of election, and shorter vacancies by subsequent rounds of election.

For a second vacancy in a given year, the preliminary ballot will list all members of the faculty who remain eligible for election to the Strategy Committee following the election to fill the first vacancy. On the preliminary ballot, faculty members may vote for up to five candidates. Following the preliminary ballot, a second ballot will be distributed, listing the names of the five candidates who received the greatest number of votes on the preliminary ballot. Faculty members may vote for up to two candidates on the second ballot. After the second round of voting, a final ballot will be distributed, listing the two candidates who received the great number of votes on the second ballot. Faculty members may vote for one candidate on the final ballot. The candidate with the greatest number of votes will be declared elected.

In the event of a tie vote on the preliminary ballot of any election, the names of candidates who received the five highest vote totals will be included on the second ballot. On the second ballot of any election, in the event of a tie among three or more candidates for first place, a runoff ballot will be issued, listing the names of the tied candidates. Faculty members may vote for one candidate on the runoff ballot. The names of the two candidates who received the greatest number of votes on the runoff ballot will appear on the final ballot. On the second ballot of any election, in the event of a tie among two or more candidates for second place, a runoff ballot will be issued, listing the names of the tied candidates. Faculty members may vote for one candidate on the runoff ballot. The name of the candidate who received the greatest number of votes on the runoff ballot will appear on the final ballot, along with the name of the candidate who received the greatest number of votes on the second ballot.

5. The Resources Committee

a. Function

The Resources Committee represents the College faculty in shared-governance discussions with the administration and Board of Trustees regarding Middlebury’s financial sustainability, especially as it relates to the College. In addition to its concern with matters directly related to the faculty, the Committee will also consider other financial matters that affect the integrity of Middlebury’s academic program and, for example, the College’s commitments to supporting students with financial need and insuring the diversity of the community. In carrying out this role, it will:

1. Work closely with the provost and chief financial officer during planning for and implementation of the College’s annual budget, requiring from them full access to financial data related to development of the budget. The members of the Resources Committee will respect confidentiality with regard to those aspects of the budget for which it is necessary. The Resources Committee will meet with the provost and chief financial officer once each fall and spring term, and at other times as necessary.

2. Meet each fall and spring term, and at other times as necessary, with the Strategy Committee to review Middlebury’s finances as they relate to current  and long-range priorities involving the College’s mission.

3. Meet with Faculty Council, and any other committees the Council invites, to collaborate on issues requiring broad discussion among leaders of the faculty.

4. Meet annually, and at other times as necessary, with the Resources Committee of the Board of Trustees to discuss Middlebury’s finances and long-range priorities, especially as they relate to the College, and on other issues of mutual concern as necessary.

5. Represent the College faculty in annual reviews and evaluations of (1) the College’s comprehensive fee, and (2) policies and funding related to financial aid—in collaboration with other committees and groups concerned with these numbers.

6. Meet annually with the College faculty to report on and discuss Middlebury’s finances and long-range priorities, especially as they related to the College.

7. Report to the faculty at least twice each year, providing information on faculty salaries and benefits.

8. Consult with, or respond to, other elected or appointed faculty committees as necessary with regard to financial matters that may come before them.

9. At the end of each academic year, submit a brief summary report to the faculty on its deliberations and actions, and identify issues for consideration for the following year. This report will be included in the minutes of the last plenary session.

b. Composition

i. The Resources Committee will consist of four faculty members. Membership on the Resources Committee is open to all tenured faculty members, all pre-tenured faculty members on regular appointment, and faculty members on special appointment who have contracts extending for at least one year beyond the expiration date of the term to which they would be elected or appointed, and have been a faculty member at the College for at least seven years. A member of the Resources Committee must have completed two years of full-time faculty status at Middlebury before his or her term begins. A member of the Resources Committee may not simultaneously serve on the Council of Reviews, the Faculty Council, the Educational Affairs Committee, the Strategy Committee, or the Appeals Council. No more than two members of the Resources Committee may be from one division, and no more than one member may be from one department.

ii. The term for members of the Resources Committee is three years. Two of the positions will be elected by the faculty. The remaining two positions will be appointed by the Faculty Council in its role as the Committee on Committees.

iii. Elections and appointments will normally be for three-year terms. Positions that become vacant due to leaves, retirements, or for other reasons will be filled in the same way that the departing member was first selected for the committee: vacancies in elected positions will be filled by election, and vacancies in appointed positions will be filled by appointment.

iv. The Resources Committee will elect one of its own members as chair. The chair will run meetings, set meeting agendas, write reports, report to the faculty at plenary meetings, and coordinate work with other committee chairs as needed.

c. Election

Balloting to fill the elected positions on the Resources Committee will be conducted online and coordinated by the Office of the Vice President for Academic Affairs and Dean of the Faculty. For election for the Resources Committee, a preliminary ballot will include a list of all eligible tenured members, all pre-tenured faculty members on regular appointment, and all eligible faculty members on special appointment who have contracts extending for at least one year beyond the expiration date of the term to which they would be elected. Faculty members who will be on leave during the year in which a term is scheduled to begin are ineligible for election. On the preliminary ballot, faculty members may vote for up to five candidates. Following the preliminary ballot, a second ballot will be distributed, listing the names of the five candidates who received the greatest number of votes on the preliminary ballot. Faculty members may vote for up to two candidates on the second ballot. After the second round of voting, a final ballot will be distributed, listing the two candidates who received the greatest number of votes on the second ballot. Faculty members may vote for one candidate on the final ballot. The candidate with the greatest number of votes will be declared elected.

If there is a second vacancy on the Resources Committee to be filled by election in a given year, the election procedure as described above will be repeated. If the vacancies are of different lengths, the longest vacancy will be decided by the first round of election, and shorter vacancies by subsequent rounds of election.

For a second vacancy in a given year, the preliminary ballot will list all members of the faculty who remain eligible for election to the Resources Committee following the election to fill the first vacancy. On the preliminary ballot, faculty members may vote for up to five candidates. Following the preliminary ballot, a second ballot will be distributed, listing the names of the five candidates who received the greatest number of votes on the preliminary ballot. Faculty members may vote for up to two candidates on the second ballot. After the second round of voting, a final ballot will be distributed, listing the two candidates who received the great number of votes on the second ballot. Faculty members may vote for one candidate on the final ballot. The candidate with the greatest number of votes will be declared elected.

In the event of a tie vote on the preliminary ballot of any election, the names of candidates who received the five highest vote totals will be included on the second ballot. On the second ballot of any election, in the event of a tie among three or more candidates for first place, a runoff ballot will be issued, listing the names of the tied candidates. Faculty members may vote for one candidate on the runoff ballot. The names of the two candidates who received the greatest number of votes on the runoff ballot will appear on the final ballot. On the second ballot of any election, in the event of a tie among two or more candidates for second place, a runoff ballot will be issued, listing the names of the tied candidates. Faculty members may vote for one candidate on the runoff ballot. The name of the candidate who received the greatest number of votes on the runoff ballot will appear on the final ballot, along with the name of the candidate who received the greatest number of votes on the second ballot.

6. The Appeals Council and Appeal Committees

 a. Function

The Appeals Council will form an Appeal Committee to hear the case of any faculty member who believes that his or her non-reappointment is based on grounds involving procedural errors that may have influenced the Promotions Committee or the Reappointments Committee, the president and/or provost, or violations of academic freedom, as outlined in the Rules of Appointment and Tenure, Appeal Procedures, in the Faculty Handbook section of this handbook.

b. Election of Appeals Council

The faculty will elect five tenured faculty to serve as an Appeals Council. The Appeals Council will select a secretary. All tenured members of the faculty, except the members of the Council on Reviews, the Faculty Council, the Educational Affairs Committee, the Strategy Committee, and the Resources Committee, and administrative officers, are eligible for election to the Appeals Council. No two members of the Appeals Council may be from the same department.

All balloting for the Appeals Council will be conducted online and coordinated by the Office of the Vice President for Academic Affairs and Dean of the Faculty. Each year members of the faculty will be elected to three-year terms to fill vacant positions on the Appeals Council. A preliminary qualifying ballot will list all tenured members of the faculty, except the members of the Council on Reviews, the Faculty Council, the Educational Affairs Committee, the Strategy Committee, and the Resources Committee, and administrative officers. Faculty members who will be on leave during the year in which a term is scheduled to begin are ineligible for election. On the preliminary ballot, faculty members may vote for as many candidates as they like.

The candidate who receives the greatest number of votes on the preliminary ballot will be declared elected, provided that he or she obtains the support of 50% or more of the voters who cast ballots.  For any further vacancy, the eligible candidate who receives the next greatest number of votes on the preliminary ballot will be declared elected, provided that he or she obtains the support of 50% or more of the voters who cast ballots.  If the vacancies are of different lengths, the longest vacancy will be filled by the candidate who receives the greatest number of votes, and shorter vacancies by eligible candidates who receive the next greatest number of votes.

For any vacancy, if no eligible candidate obtains support from 50% or more of the voters who participated in the preliminary ballot, a second ballot will be distributed listing the two eligible candidates who received the greatest number of votes on the preliminary ballot.  Faculty members may vote for one candidate on this ballot.  The candidate with the greatest number of votes will be declared elected.

In the event of a tie vote on the preliminary ballot of any election, the names of candidates who received the two highest vote totals will be included on the second ballot.  If no candidate on the second ballot receives more than 50% of the votes cast, the names of the two candidates who received the greatest number of votes will appear on a final ballot.

c. Formation of an Appeal Committee

When an appeal is to be heard, the Appeals Council will form an Appeal Committee, choosing its chair and two other members by rotation from the Appeals Council. In no case will a member of an Appeal Committee be a member of the appellant's department. In the event of an appeal resulting from a negative PEACOR review, an additional member will be selected at random from the pool of eligible senior associates in athletics to serve on the Appeal Committee alongside two regular members of the Appeals Council. The selected senior associate in athletics should have no shared coaching responsibilities with the appellant. The Appeals Council will hear and act upon any request (whether by a panel member or by the appellant) that any member be disqualified from serving on an Appeal Committee; such request must be submitted to the Appeals Council within one week after the appellant has been notified of the Appeal Committee's membership.

7.  Physical Education and Athletics Committee on Reappointment

The Physical Education and Athletics Committee on Reappointment (PEACOR) will be composed of the director of athletics, the senior woman administrator, a senior department member elected by the members of the department of physical education, the chair of the Faculty Athletic Policy Committee, and the dean of the College.  This committee will conduct major reviews of faculty in the department of physical education in accordance with the provisions for "Review and Reappointment in the Department of Physical Education" included in the rules of reappointment and tenure.

rev. 8/13/15