SB3269 SD1

SECTION 1. The legislature finds that the University of Hawaii is the only system of public education in Hawaii that is supported by state funds, uses public land set aside for university purposes, and is continually supported by other public resources. The university plays a pivotal role in preparing its students for productive employment in the State's workforce and to become engaged citizens of our community. Some of the university's workforce that are supported by public resources are faculty who teach and provide other instruction in various academic disciplines and professional fields such as law and medicine. The university also appoints other faculty who primarily engage in research or who provide specialized services but who are not typically employed in a teaching capacity.

The legislature further finds that at the university, the term "academic tenure" is generally understood to mean the right of a faculty member to permanent or continuous service. The decision to grant or deny tenure is usually made following a probationary service period during which the appointee is assessed and evaluated on various criteria. The position occupied by the appointee is classified as either "tenure track" or "non-tenure track" faculty. The decision to classify a position as eligible for a possible grant of tenure to the incumbent results in the long-term commitment of public resources for that position.

The legislature additionally finds that an educated workforce is a critical determinant of the economic and social health of the State. The ability to instruct, educate, and prepare students to enter the workforce are paramount skills that should be supported by public funds. For these reasons, the commitment of public resources to support the grant of tenure is a matter of statewide concern.

In 2021, the senate passed Senate Concurrent Resolution No. 201, S.D. 1, H.D. 1, Regular Session of 2021, to urge the University of Hawaii to convene a task force to examine and assess the University of Hawaii tenure system. Following the adoption of S.C.R. No. 201, S.D. 1, H.D. 1, the board of regents of the University of Hawaii created a permitted interaction group to review the issue of tenure with a focus on the history and evolution of tenure and current criteria used for decision-making on tenure. The permitted interaction group found that, while tenure is still a critical component to academic freedom and retention of faculty, in recent years, the University of Hawaii has been reducing the number of tenured faculty. The permitted interaction group further found that to "establish policy direction in conducting promotion and tenure to ensure that university priorities and mission are met", revisions to classification plans and incorporation of revisions regarding periodic review of university employees should be considered.

Accordingly, the purpose of this Act is to:

(1) Add a new section in chapter 304A, Hawaii Revised Statutes, addressing tenure, criteria for tenure, and periodic reviews for tenured or tenure-track faculty, and non-tenured employees; and

(2) Amend section 304A-1002, Hawaii Revised Statutes, to outline the faculty classification system and authorize the president of the University of Hawaii to create, administer, and amend the categorization plan to comply with board of regents policies.

SECTION 2. Chapter 304A, Hawaii Revised Statutes, is amended by adding a new section to part III to be appropriately designated and to read as follows:

"§304A- Tenure. (a) The president shall have the authority to grant promotion and tenure to members of the faculty.

(b) Before the recruitment for tenure-track positions, and before the award of tenure, the administration shall ensure that:

(1) The position fulfills current enrollment requirements and strategic objectives, priorities for a long-term vision of the university, and the State;

(2) There are no qualified faculty in other units that are available that could meet the needs of the hiring unit;

(3) The balance of tenure-track and other faculty is appropriate given enrollment, mission, and accreditation standards; and

(4) The unit contributes to the institutional mission and goals.

(c) The administration shall ensure that tenure criteria are clear and that they prioritize the necessity for faculty to be adaptable in meeting the changing needs of students and the university, including changes in the delivery of higher education that may occur over time.

(d) Tenured faculty hired after June 30, 2022, shall participate in a periodic review at least once every five years; provided that:

(1) It shall be the responsibility of deans, chancellors, provost, vice chancellors, vice provosts, and other appropriate academic administrators to additionally ensure that all periodic reviews are conducted in a manner that will minimize conflicts of interest within units, and ensure balanced, diverse, and relevant input including that of faculty peers and management roles; and

(2) Guidelines and procedures for periodic review, including the use of performance improvement plans as necessary, shall be developed by each major academic unit and submitted for approval by the president, and an annual report on the outcomes of the reviews shall be provided to the board.

(e) Administrative, professional, and technical (APT) employees and non-tenurable academic personnel hired after June 30, 2022, shall be evaluated at least once every three years according to procedures approved by the president."

SECTION 3. Section 304A-1002, Hawaii Revised Statutes, is amended to read as follows:

"[[]§304A-1002[]] Faculty; classification schedule. (a) The board of regents shall classify all members of the faculty of the university including research workers, extension agents, and all personnel engaged in instructional work as referenced in section 76-16, and adopt a classification schedule and compensation plan for these employees.

(b) The faculty classification system for all campuses at the university shall be as follows:

(1) Tenured and tenure-track faculty: Tenured and tenure-track faculty shall be engaged in direct instruction consisting of active engagement with students in the classroom or applied venues, and/or oversight and supervision of internships, clinical work, applied learning, theses, and dissertations. Tenured and tenure-track faculty shall be classified as "F". This classification shall include those previously classified as "R", "I", "M", and "J"; provided that:

(A) "F" faculty shall engage in research and scholarship that advances innovation, creates new knowledge and knowledge practices, and benefits students and the broader community; and

(B) "F" faculty shall also engage in service inside the university and the community.

(2) Librarians: Librarians shall provide students and faculty with modern, timely access to information by selecting relevant resources for acquisition, digitizing collections, and organizing and storing information. Librarians shall assist faculty and students in their scholarly pursuits and conduct research in areas that contribute to the advancement of knowledge in relevant fields. Librarians shall be eligible for tenure and shall be classified as "L" faculty, which shall include those previously classified as "B";

(3) Support faculty and extension agents: Support faculty and extension agents shall be faculty that are not primarily engaged in direct instruction, but are engaged in academic support, including student research and academic program support, or are engaged in agricultural extension activities. Support faculty and extension agents shall be classified as "FSE". FSE faculty shall not be eligible for tenure but may be eligible for employment security characteristic of other public employees; provided that the exclusion from eligibility for tenure shall apply only to "FSE" faculty hired after June 30, 2022. This classification shall include those previously classified as "S" and "A";

(4) Renewable term faculty: Renewable term faculty shall be faculty that are retained through non-permanent, non-tenure track appointments and shall be classified as "FR";

(5) Non-compensated faculty: Non-compensated faculty shall be non-compensated, non-tenure track faculty that may teach and perform research and shall be classified as "FNC"; and

(6) Community college faculty: Community college faculty shall be faculty who teach courses, shall not be required to conduct research, shall be eligible for tenure, and shall be classified as "C".

(c) The president shall have the authority to establish, administer, and make amendments to a detailed faculty classification plan; provided that the plan complies with relevant board policies. Any changes to classification categories shall apply prospectively; provided that existing faculty shall have the option of applying to be classified in the new categories.

The plan shall include, at minimum, the following faculty categories: tenured and tenure-track faculty (F), librarians (L), support faculty and extension agents (FSE), renewable term faculty (FR), non-compensated faculty (FNC), and community college faculty (C).

Annual increases of compensation shall be allowable for efficient service, and the board of regents shall adopt a fair and reasonable plan for rating the efficiency of individual employees affected by this section."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

THE SENATE	S.B. NO.	3269
THIRTY-FIRST LEGISLATURE, 2022		S.D. 1
STATE OF HAWAII