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Defeating Post-Tenure Review

March 25, 2009

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Who reviews the performance of tenured faculty members? Can such reviews have teeth without interfering with the principles of tenure?

Those issues are central to discussions of post-tenure review, a process that exists in some form at many colleges and can be controversial. The University of Maryland at College Park found that out this month when the faculty considered a proposal that would have required annual reviews of tenured faculty performance, and would have allowed sanctions, including pay cuts for some professors who receive three consecutive years of negative reviews. The faculty overwhelmingly rejected the plan, seeing it as unnecessary, unfair and a diminishment of tenure.

The leading public advocates for the plan were not administrators, but students. The leaders of both the undergraduate and graduate student governments both came out strongly for the plan, saying that students are more likely to have problems with tenured than non-tenured professors. But students were not the key voting constituency here, so it's back to the drawing board for Maryland.

The Maryland proposal -- developed by a joint faculty-administrator panel -- would have worked like this: Each department would create a committee to review annually the performance of tenured faculty members. Faculty members' work would not be judged solely on the previous year, but in the context of previous work as well, so that a single "slow year" would not create problems. Two consecutive reviews that represent outstanding work could qualify professors for extra recognition in various forms.

The controversy focused in large part on the opposite case. Tenured professors whose work is found "substantially below reasonable and equitable expectations" by the departmental committee and the department chair would have to develop, with the chair, a "one-year development plan outlining goals for improvement, suggesting ways that the improvement may be accomplished, and specifying the benchmarks whereby improvement can be assessed." Only after such a plan has failed to produce results could pay be cut.

In "a very small number of cases, when prior good-faith efforts to remedy performance have failed, and when other recommendations are deemed inappropriate or not considered likely to produce positive results, the recommendation may be a reduction of a faculty member’s base salary, if the faculty member's performance has declined to such an extent as to no longer to warrant the base salary that is attached to the position. The salary reduction may be permanent or for such time as the dean (or provost) believes appropriate." Faculty members could file a grievance about such decisions -- and also at other stages of the process.

Gay Gullickson, a professor of history who spoke at a faculty meeting against the plan, said in an interview that she rejected several premises about the proposal. First, she said it was not true that there are currently no sanctions against unproductive tenured faculty members. She noted that merit salary increases (a moot issue this year, but not normally) send a real message about performance, and the lack of increases (possible under current policy) would have a real impact on a professor's standard of living. "I think we have a system that is robust enough," she said.

Second, she said that the negative impact of the new policy goes well beyond professors who might be found lacking. "I objected to spending even more time preparing material for a committee, and time serving on the committee, which would take more time away from scholarship and teaching."

Added Gullickson: "I don't think this would have made anyone a better scholar or a better teacher."

Some Maryland professors approached the American Association of University Professors to review the proposed policy and the AAUP found problems. (The AAUP does not oppose post-tenure review, but opposes any post-tenure review policies that can be seen as limiting the protections of tenure.)

B. Robert Kreiser, associate secretary of the AAUP, said that the major problem with the Maryland proposal was that it shifted the burden of proof to tenured professors. In cases of "severe sanctions," he said -- and the AAUP considers a pay cut such a sanction -- a university administration should have the burden of demonstrating the need for some action. Setting up the system so that faculty members can challenge a decision, while giving them some rights, does not reflect the concept of job security that should be associated with tenure.

"Placing the burden on the professor undermines tenure," he said.

Privately, some faculty members said that the strong opposition to the proposal was in part due to its consideration during the economic downturn. Maryland professors are facing furloughs, salary freezes, and numerous cuts in campus programs, these professors noted, and that environment is not a good one in which to talk about a system that would add faculty duties (serving on the committees in each department) and potentially cut some professors' pay.

Student leaders have been critical of the faculty vote.

Jonathan Sachs, president of the undergraduate student government, said that in general, he appreciates the quality of teaching at Maryland. But he said that he has noticed that those without tenure "tend to be really good," while "a small percentage" of tenured professors "neglect their classrooms." Sachs said he saw the faculty vote against the review plan as "arrogance," and said that they should be "accountable" for their performance.

Anupama K. Kothari, a Ph.D. student in business and president of the Graduate Student Government, said she too was bothered by the vote. She said that when the graduate student organization hears complaints from students about problems with professors who ignore their work, take people off projects for now reason, or "abuse" them, "it is almost always about a tenured professor."

She said that graduate students feel that those without tenure are supportive, "but once they get tenure. ..."

Many graduate students were "shocked to see faculty shoot down" the proposal, Kothari said. She characterized the reviews proposed as "mild," and said that the professors' vote "made many of us suspicious of them." She added: "If you are doing a good job, why are you so scared of being reviewed?"

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Comments on Defeating Post-Tenure Review

  • Not a good proposal
  • Posted by RW , Department Head on March 25, 2009 at 7:30am EDT
  • As a Department Head, I would love some form of post-tenure review. Like most departments, I have a couple of people who are quintessential deadwood. However, I could never support an annual review of all of the post-tenure faculty for at least 3 reasons:

    1. Word load. I don't have time, and my productive faculty don't have time, to review properly each post-tenure faculty member. Why not a review every 3 years, or after every 5?
    2. Long-term projects. Some of my most productive faculty are that based on long-term projects that a yearly review would miss. Moreover, a yearly review encourages short-term thinking.
    3. Teaching. In my experience (and in my discipline), a faculty member doesn't really teach a course well until the third or fourth try. The first time, they are developing the course, the second and third they are refining, and it is only by the fourth that things start to gel. In my system, post-tenure faculty (as well as pre-tenure faculty) are required to teach new courses quite often, and yearly review would penalize those faculty most likely to help by taking on new, challenging courses.

    If I ran a normal company, I would have far more options -- including firing -- but adding a yearly review is worse than nothing.

  • Cancelling PTR Legal
  • Posted by Henry Vandenburgh , Associate Professor, Sociology at Bridgewater State College on March 25, 2009 at 8:45am EDT
  • At our institution, post-tenure review is mainly positive, and can lead to a $4,000 raise. Right now, people tenured before 2006 are still eligible for this, but people tenured that year and after are not. We're union. I have not had time to look into this yet, but I suspect that this differential treatment is illegal, particularly because we're public.

    The union did not oppose this time-discriminatory treatment.

  • Posted by just another adjunct on March 25, 2009 at 9:00am EDT
  • I teach one course, the same exact course since 2001. No contract, so I get "evaluated" for "reappointment" every single year. Student input, a formal review of my vita, and the Personnel Review Committee (all TT faculty) all olemnly write a paragraph, and the Department Chairman, and the Dean, and everyone up the line all the way to the President of the College. What a lot of effort, for one lowly adjunct! And there are lots of us, naturally--we are plentiful as pennies. What a lot of regular faculty effort goes into all of that.

    I do wish, however, that the righteous students were not so averse to evaluation themselves. (WHAT? You deducted POINTS for that? My paper was ONLY a week LATE! Besides, I told you, I had a FAMILY EMERGENCY, AGAIN.) Well, that one is not going to give me a good rating. Maybe the student will have another emergency on the day the college rep shows up to collect student input. I can only hope.

  • PTR has its purpose
  • Posted by Kathleen March , Professor of Spanish at University of Maine on March 25, 2009 at 9:15am EDT
  • I fully agree with PTR and think it helps keep everybody honest. It is also one of the few controls when a tenured faculty member decides to 'take it easy' and teaching as well as other aspects of the job are not tended to professionally. Doesn't happen in my university you say? I imagine it happens everywhere. PTR can be a good incentive to stay alive during one's career. Slackers should not automatically be rewarded nor misbehavior overlooked. While cases really are not frequent, they still should have a response by department and administration. Students may be afraid to be honest in their evaluations for fear of retaliation (lower grades), but if they know somebody is listening, they may be less fearful.

    It is far more dangerous to have no PTR and to have people feel nobody is evaluating them seriously. Complacency toward tenured faculty can create the afore-mentioned arrogance. The hard working tenured faculty members should also receive recognition - and one would like to think they are the vast majority.

  • Posted by Dave Stone , Professor of History on March 25, 2009 at 9:15am EDT
  • If tenure dies, it will happen in part because university faculty killed it by refusing to keep it healthy. RW's comments on bureaucracy and paperwork are well-taken, but what decent department does NOT have annual evaluation already? The question is whether it has meaningful teeth to get rid of those who have stopped doing their jobs.

    Any honest observer of academia can name faculty who have retired on the job. Students, parents, and legislators are right to be bothered by this, and if public university faculty don't police themselves, they leave the door open for state legislators to do it for them.

  • Post Tenure...post life
  • Posted by Tenure for Life , Associate Professor at Suffolk University on March 25, 2009 at 9:30am EDT
  • In this tough economic time when families are loosing jobs and positions are being cut back and our students are struggling to pay our salary, do we really have the audacity to say "Don't check our work!" As a tenured faculty member, I can honestly say that PTR does not have to be seen punitive unless you're not doing your job. Extra work, not if Maryland has a merit system, they must have to prepare something for that. Extra committee work, depends on what you call extra, this can be (and should be) a major committee assigment and given importance in service commitments. Faculty complain about the "work" of serving on tenure committees yet do it because it's important, so too is Post tenure review work. Perhaps every year is difficult, but every 3 is certainly reasonable and much more generous than the real world.

    For 99.5% of colleagues, this should be a positive recognition of their hard work and efforts. For .25% this will be an opportunity to self-examine and develop a collaborative plan with supportive peers, for the other .25% maybe they need to see being a professor as more than barely showing up. Tenure is NOT about job security (sorry AAUP), it's about recognition for important and conscientious teaching, research, and service if you don't do that well.......

  • Opposing annual review isn't opposing review
  • Posted by Julie Hofmann , Chair, History Department at Shenandoah University on March 25, 2009 at 11:00am EDT
  • I'm all for PTR, although I don't work at a campus that awards tenure (we have rolling three-year contracts after probation). But I do agree that annual review is probably not effective and does add additional burdens on faculty. Most places do have student evals every term, and tenured faculty should be evaluated as often as junior faculty. There's nothing to stop administrators from stepping in (or colleagues reporting) truly egregious behavior in non-review years. And as long as the review is really focused on whether or not a faculty member is doing her job, there shouldn't be any real problem with tenure being under threat.

    Having said that, I do wonder what sort of sanctions can be imposed at institutions where there are no merit increases (we don't have a merit system -- sanctions are pretty much limited to the non-renewal of contract, which is scary enough, but at least give a faculty member a year to put things right).

  • you've got to be kidding
  • Posted by JR on March 25, 2009 at 11:00am EDT
  • A review every three years got shot down??

    Most of the working world is constantly under scrutiny. If a prof, tenured or no, isn't doing well, he/she needs to be let go -- not after three or five or ten years of bad teaching, but ASAP.

  • Plug your ears and humm
  • Posted , university director on March 25, 2009 at 11:30am EDT
  • Tenure would be acceptable if there were ongoing professional standards, rewards and discipline to go with it, like the rest of the professional world has. Doctors, mechanics, accountants, etc. all have standards they must meet, and when they don't there is a mechanism for addressing it.

    Not with tenure. Once faculty members have tenure, they're essentially free to do whatever they want, and no questions should be asked.

    The thought that accountability would impinge on their delicate psyche and academic freedom is utter nonsense. That's part of being a professional.

    If the educational profession wants to hold on to the luxury of tenure, then they need to also need to be willing to actively and openly address the reality of poor performance. Let's be honest folks, there's a lot of really mediocre and poor professors who know they can do whatever they want and hide behind the curtain of academic freedom and tenure.

    I'd love to see faculty demand that "maintaining" tenure "requires" professional performance, growth and a striving for excellence.

    Hats off to the Kentucky college that said enough is enough, and put an end to future tenured positions. This reaction is long overdue, and finally is beginning to set in.

  • Tenure & Unions
  • Posted by OMG on March 25, 2009 at 11:30am EDT
  • Does anyone else see the absurdity in tenure and unions? Lifetime employment without regard to continuous performance - what a concept. No wonder the US is falling behind other nations in higher ed. How about a focus on improving the QUALITY of education - student learning would take center stage. Performance reviews need to focus on the ability to facilitiate student learning.

  • Performance Counts
  • Posted by Harry Lasher , Professor of Management at Kennesaw State University on March 25, 2009 at 11:30am EDT
  • We in academia are no different that any other worker in society. When a colleague is no longer performing, they should have the option to engage in self-development activities. However, after three years, the individual is not embracing the notion of "performance counts." There is no reason that tenured faculty do not engage in a post-tenure review every three years.

    However, if data is available that someone is not performing, especially from students, managerial action is necessary. I have found that colleagues know who these inadequate performers are and students merely reinforce what is known.

    If the individual refuses to correct the performance issues, there needs to be additional incentives. Merit is a joke in terms of amounts in most institutions so a reduction in pay is approriate. All the grief can be avoided - merely do what is expected of a professional regardless of the industry. If these people were in the private sector, and not protested under tenure, they would be terminated. Given economic conditions, why do we let these few people place a blemish on all hard working faculty? The public is questioning rising costs of an education and we had better justify ourselves before controls are externally implemented.

  • Student evals
  • Posted by V. E. McLure , Professor of English on March 25, 2009 at 12:30pm EDT
  • I have no objection to post-tenure reviews. As someone who is in an institution which does not have them, I would welcome them since I have colleagues who are, quite frankly, in need of them. And no, I am not being self-righteous. I am far from perfect, but I do meet my classes, require reading, etc. All I ask is that they be fair.

    However, I do have a serious problem with student evaluations. In the new "consumer model," students seem to think that they have some sort of real power. Well, they don't. They don't "pay my salary" or control my destiny and I resent the fact that they think that they do. While there are some legitimate student complaints (I served for 10 years on the grade appeals committee of a major state university), most are bogus and hinge on the student's trying to fudge through something. (I was only absent for half of the classes!!) The day that students start having real control over decisions such as this is the day I quit.

  • Post-tenure review
  • Posted by Lee E. Preston , Faculty Ombuds Officer (Prof. Emeritus) at University of Maryland on March 25, 2009 at 1:00pm EDT
  • This is a quote from my letter published in our campus paper (The Diamondback), 25 March 2009. I distributed a copy of the same message to University Senators before their vote--to no effect.

    The thing that amazes me about this whole is affair is that we (University of Maryland) already HAVE annual review of all tenure-track and tenured faculty as part of the merit pay system, to which no one seems to object. There may not be any merit pay funds this year, due to our budgetary problems, and I do not know if departments will conduct the usual annual reviews or not. The post-tenure review proposal would require the reviews, regardless of budgetary considerations, but I find it hard to see why this is a bad thing. And The idea of making the results of the reviews explicity known to faculty members (which now happens only indirectly--that is, you either get a pay increase or you don't) is, I think, unquestionably desirable. ..In any event, anyone who felt mistreated by this process would be welcome to present a grievance to the faculty ombuds officer.

  • Posted by MQS on March 25, 2009 at 1:00pm EDT
  • People make such an issue of "lifetime" employment re: tenure, but nothing about gov't employment security (the folks at the Dept. of Motor Vehicles don't seem very customer friendly), or the seniority issues involved if the employee belongs to a union. For that matter, statistics show most Congressional representatives are in "safe" seats (safely gerrymandered, thanks). Statewide elections prevent gerrymandering Senate seats, though. There are other "safe" jobs besides "tenured" academics.

    If Administration wanted to do it, and had spine, a tenured professor can be removed "for cause." But most administrators don't do this. They count how many years the person has to go until retirement, or something of the sort, but have little willpower for a demonstration of "cause." The faculty member can be intellectually dead as a hammer, so--assign him or her to unpopular classes at unpopular times of day to minimize student contact, or--something. I know of one tenured fellow (verrry bad at teaching) who was transferred, somehow, to the Credit Union. ? Anyway, he worked there until retirement. He had tenure, though. Thank you, Bold Administration!

  • Re: Pros and Cons of Post-Tenure Review
  • Posted by Peter C. Herman , Professor of English Literature at San Diego State University on March 25, 2009 at 3:45pm EDT
  • On the one hand, there is a very strong prima facie case to be made for post-tenure review. With tenure comes responsibilities, and while it is impolite and difficult to discuss this problem openly, my guess is that every department has, or had, a few faculty persons who fit the description of "dead wood." Tenured faculty certainly enjoy a degree of job security denied to most other people, and so a mechanism for ensuring that we are all doing our job responsibly seems in order.

    But there are still major problems with post-tenure review. If indeed one can get one's pay docked for refusing to improve, I wonder if the amount taken away would equal or be more than the amount eallotted for merit pay? I also wonder how quickly this proposal would become a mechanism for cost-cutting? And then there is the tricky issue of how one determines satisfactory performance. Would this determination be done through scholarly productivity? If so, what about the supposed problem of people who produce books and articles solely for the purposes of promotion? Wouldn't post-tenure review only increase the amount of (ostensibly) unreadable and unread scholarship needlessly glutting university libraries? And if the decision is to be determined through student evaluations, what about all the studies showing how evaluations say nothing about quality of teaching and everything about whether the professor is likeable or not? Do we really want to entrust our financial futures to students who (according to a recent article in the New York Times) believe that merely showing up to class merits at least a B?

    This is not an easy issue.

  • The problem is reviewing, not being reviewed
  • Posted by Carl Bankston , Professor/Sociology at Tulane on March 25, 2009 at 4:00pm EDT
  • The biggest difficulty with this type of proposal is not that professors will be subject to post-tenure review. It is that committees of professors will have to do the post-tenure review, adding one more bureaucratic chore that will take time away from teaching and research. If we want members of the faculty to be productive in these two fundamental activities, then we must minimize the demands on faculty that do not directly involve teaching or research.

  • Who's in charge?
  • Posted by Prof Ed on March 25, 2009 at 5:45pm EDT
  • V. E. McLure and others have it right. Unpopular doesn't always mean "deadwood." Eccentricity often accompanies brilliance, and eccentric people are easy targets where popularity and conformity are the standards. I suspect that is why the students wanted the power to damage unpopular faculty and the majority of faculty voted against their having such power.  

    If you are going to put your students in charge of rewarding or firing your professors, then just replace your search committees, deans, presidents and provosts with students and be done with the whole charade that someone other than the students is actually running the teaching and learning functions of the institution. 

    Dismissal for cause remains a viable option that managers willing to manage can exercise. Managers who don't manage are happy to defer responsibility to student ratings, and such managers are perhaps a better fit for the label of "dead wood." They would be happy to let the students be in charge of the accreditation standards as well. 

  • Cause
  • Posted by Wossamotta U. on March 25, 2009 at 10:00pm EDT
  • Thank you, MQ and Prof Ed. The three reasons for which the AAUP supports the termination of a tenured faculty member are: 1) financial exigency, 2) moral turpitude, and 3) cause. Under the third, which is of most interest to this conversation, a faculty member with tenure must first be afforded due process. In other words, as a for instance, if a professor spends an inordinate amount of time using his or her expertise in application to community needs, and not enough time publishing, then he or she will get to defend their work. If a professor teaches too much the shortcomings of a given theory and ticks off his or her colleagues, then he or she will get a fair hearing. Likewise, if he or she is a top shelf teacher but has not published according to the standards of the department or college, then he or she will be heard before being given the pink slip. Fill in your own blanks in the Bermuda Triangle of faculty job description: research, teaching, and service. Time is finite, and not all constituencies can be contented.

    Clearly, the trend in higher education administration is against investing the substantial time and money required by due process. The benefits don't typically justify the costs. The costs of summative PTR are no different than termination for cause--rather, if they are, then we should be intensely concerned that faculty members are being disciplined and let go under such programs, without due process. If the costs are the same and due process (read: academic freedom) is being upheld, why would anyone be interested in implementing an untested and redundant system? Where are all those "accountability" folks on the issue of "efficiency?" As has been established, we are talking about tax dollars. The preferred method is to pursue due process in the most blatant cases of "deadwood" and to otherwise manage underperforming faculty (however defined) in competent ways.

  • It’s time to get with the program
  • Posted by David Azerrad , Program Officer at American Council of Trustees and Alumni on March 26, 2009 at 10:00am EDT
  • Across the country, post-tenure review has become the academic norm. More than two-thirds of state institutions have implemented it, as have nearly 50 percent of private institutions. The current policies may not yet be adequate (on this see Anne Neal’s article in Academe: http://www.aaup.org/AAUP/pubsres/academe/2008/SO/Feat/neal.htm) but there’s no turning back. If institutions want to retain the public trust, they must embrace accountability, not run away from it.

  • Well done, Maryland faculty!
  • Posted by Former academic on March 27, 2009 at 9:00pm EDT
  • As a former prof (with tenure!), now working in industry, the Maryland faculty did the right thing. The normal bargain, at least in departments where faculty have viable industry career alternatives, is to accept a generally lower salary and a very rigorous and unforgiving review after six years, in return for the opportunity to make tenure, with all its benefits. Altering one part of the bargain does not seem reasonable or appropriate. By all means let Maryland implement a new system that would apply to new hires, who would at least know what they were getting into. (Would Maryland be able to keep starting salaries where they are, or would salaries have to go up?)

    A danger in adding post-tenure review that I have not seen mentioned here is that tenured faculty are free to work on the subjects of their choice, even if the department chair or dean would like to redirect faculty efforts into other areas. In departments that depend on bringing in large amounts of funding, it does not seem that far-fetched for a post-tenure review committee to consider the choice of subject area, and to require faculty in less-lucrative areas to refocus their efforts toward better funded topics, assisting in the center-du-jour, for, of course, the good of the department. The merit review system allows administrators some leverage in this direction, but does not provide the very big stick that a full-fledged post-tenure review system would give.