Frequently Asked Questions

Since I started in my role as chair, no one really explained to me what I am supposed to do. Just exactly what is the role of a chair and what am I responsible for in the department?

The Chair is responsible for providing leadership and seeking excellence in the teaching, research, extension and service activities of the department. He or she is responsible for representing the needs and aspirations of the department to the rest of the University. The chair is responsible to the Dean and to the department faculty for conducting the fiscal, academic, and personnel affairs of the department. Though chairs depend on their faculty and staff to accomplish the work of the department, they are ultimately responsible for the departmental affairs.

The chair should attempt to do these things in a diligent manner that makes the most efficient use of the financial, physical, or human resources available including those available in the Human Resources and Academic Affairs offices. The chair must develop, improve, and execute departmental policies and procedures in harmony with University, campus, or college policies. The Chair has the responsibility as is required to accomplish these duties.

The Collected Rules and Regulations spell out a wide range of general duties for the department chair in the fiscal, staffing and instructional areas that help to articulate common duties. (See web site below). However, the specific expectations for department chairs and the associated fiscal and staffing duties vary among campuses and even among academic colleges and schools. Department chairs are advised to sit down with their deans so their expectations and responsibilities are clearly articulated.

For more information and a list of commonly performed duties check the University of Missouri Collected Rules and Regulations Section 20.110.

No, only those University employees with written delegation of authority are allowed to sign contracts on behalf of the University. All of the contracts must be sent through the campus business office or other campus entity for final approval and designated signature. Unless the contract is an approved form contract, the legal office must review contracts before signature by authorized university representatives.

If the department chair does sign the contract, he or she may become personally liable for its terms and agreements. Thus, chairs should not sign contracts with outside business groups and only let the designated offices take care of them in the proper manner.

For more information, see the University of Missouri Collected Rules and Regulations Section 70.010.

We have lots of projects that are grant funded where we hire academic assistants on a term basis. In some cases the grant funding runs out before the "term appointment" is up. Can I terminate research and teaching assistants, post-doctoral fellows, or research professors in the middle of their term appointments if grant funding runs out and if alternative sources of funding are not available?

No you can not. Generally, unless there is reason to terminate an employee for cause, you must allow them to complete their work for the period for which they were hired. In fact, academic staff who are on either regular or non regular term appointments can only be released prior to the end of the stated term for cause and only after invoking the same dismissal for cause procedures that are used for tenured faculty. Additionally, employees may be terminated under extraordinary circumstances because of financial exigencies or discontinuance of a program. Please note that financial exigency can only be declared by the Board of Curators.

For more information about length of appointment and termination policies, see the University of Missouri Collected Rules and Regulations Section 310.020 B.1.c. and Section 310.020 C. 2.

When it comes to annual evaluations should I follow the adage "If you can't say something good about someone, say nothing at all?"

No. It is important to provide accurate and honest feedback to all faculty and staff employees. The purpose of annual evaluations, and all evaluation sessions for that matter, is to provide feedback to the employees about their performance. Annual evaluations provide an important opportunity to clearly articulate an assessment of the employee's previous year's work and to clarify the performance expectations for the coming year. Merit raises should be allocated on the basis of merit and be consistent with a candid evaluation of performance and the annual review.

University regulations require that the performances of all faculty members, including tenured faculty, are to be reviewed annually. In most instances, a discussion involving the department chair (or dean) with the tenured faculty member as to her or his performance for the past year and plans for the coming year will be sufficient. However written evaluations should be provided to those faculty members where there are concerns about substantial shortcomings in performance. Written annual evaluations are expected for untenured faculty members. In addition to the annual performance evaluation it may be necessary to document misconduct or significant performance deficiencies throughout the year as they occur.

For more information about annual evaluations see the University of Missouri Collected Rules and Regulations Section 310.015.

There is so much controversy in the public about tenure and academic freedom. Exactly what is the University's stance on academic freedom and its relationship to tenure?

The Board of Curators of the University of Missouri has recognized the value of academic freedom and the principle of tenure. Board regulations, Section 310.010 of the Collected Rules, reads as follows:

The Board of Curators of the University of Missouri believes that academic freedom and the economic security of its academic staff are indispensable to the success of the University of Missouri in fulfilling its obligations to its students and to society. The Board, therefore, hereby adopts and approves the following principles, the detailed application of which is implemented by the rules and regulations of the Board; and also adopts the following rules and regulations. (Although these rules and regulations cover in some detail certain aspects of the nature of regular academic staff positions, appointments thereto, and the rights of the holders thereof, these rules and regulations do not purport to cover in the same detail the nature of non regular academic staff positions, appointments thereto, or the rights of the holders thereof, and do not purport to cover in any way non-academic staff.)

A. GENERAL PRINCIPLES OF ACADEMIC FREEDOM

The Board hereby reaffirms the principles of academic freedom in teaching and research for teachers and academic investigators (herein referred to as faculty members). These principles are as follows:

• Institutions of higher education are established and maintained for the common good, which depends upon the free search for truth and its free expression.
• Academic freedom is essential to these purposes and applies to both teaching and research. Freedom in research is fundamental to the advancement of truth. Academic freedom in its teaching aspect is fundamental to the protection of the rights of the faculty member in teaching and of the student in learning. It carries with it duties correlative with rights. The following sections are indicative of these rights and duties.
  • Faculty members are entitled to freedom in research and in the publication of the results (qualified insofar as necessary in the case of sponsored research), subject to the adequate performance of their other academic duties.
  • Faculty members are entitled to freedom in the classroom in discussing their subjects, but have the responsibility not to depart significantly from their respective areas of competence or to divert substantial time to material extraneous to the course.
  • College or university faculty members are citizens, members of an educational institution, and members of learned professions. When they speak or write as citizens, they are to be free from institutional censorship or discipline, but their special position in the community imposes special obligations. They should anticipate that the public may judge their profession and their institution by their utterances and actions.
• Hence, they should at all times be accurate, exercise appropriate restraint, show respect for the opinions of others, and make every effort to indicate that they do not speak for the institution.

B. THE PRINCIPLE OF TENURE

Tenure is the right to be free from dismissal without cause. Tenure is indispensable to the success of an institution of higher education in fulfilling its obligations to the common good.

For more information about tenure and academic freedom consult the academic tenure regulations section of the University of Missouri Collected Rules and Regulations.

A situation has come to my attention that suggests one of the faculty members in my department may be guilty of research dishonesty. How should I handle it?

One of the most important academic responsibilities of the University of Missouri is the generation of knowledge through research and creative activity. It is critical that the highest ethical standards in research be maintained. Consequently, any alleged breach of these ethical standards is considered to be a very serious matter and should be handled properly in accordance with established University procedures.

Research dishonesty is defined as any conduct that is intended to mislead or falsely communicate research data or results, or which communicates such data or results in reckless disregard of their false or misleading character. Some examples of research dishonesty include:

• Deliberately issuing false or misleading statements or publications concerning research data or results.
• Intentional or reckless distortion or misinterpretation of research data or results.
  Use of research methods which the researcher knows to be unreliable or highly likely to produce unreliable results, unless appropriately explained in publications and reports of the research.
• Plagiarism or the release of research data or scholarly efforts of other persons, and representing them as one's own or failing to give appropriate credit to their source.

Any person who receives an allegation of research dishonesty must immediately forward the allegation in writing to the dean or director of the academic unit where the accused academic faculty or staff member is located. Every effort should be made to preserve the confidentiality of the allegation and not to discuss the situation with any one not involved in the formal procedures. The dean or director should then immediately provide a copy of the written allegation to the Chief Academic Officer (CAO) on campus, the accused academic faculty or staff member, and the department chair where the member is located.

After the allegation is made, and assuming it is not dismissed by the campus CAO, there will be an inquiry into the allegations of dishonesty by a three-person committee appointed by the dean made up of full professors with knowledge of the academic area. Following the report of the committee, the Chief Academic Officer may dismiss the allegations for lack of sufficient evidence or initiate an investigation into the alleged dishonesty.

If an investigation is held, it is conducted by a standing campus-wide faculty committee using formal procedures outlined in the Collected Rules and Regulations Sections 420.010 and 420.030.

For more information about the procedures for addressing research dishonesty consult the University of Missouri Collected Rules and Regulations Sections 420.010 and 420.030.

Essentially faculty members with tenure can only be dismissed for cause or under extraordinary circumstances because of financial exigency, or because of formal discontinuance of a program or department. Furthermore, untenured faculty members (regular or non regular) have essentially the same protections prior to the stated ending date of their term appointments. The decision not to renew a term appointment (regular or non regular) is not a dismissal and therefore is not subject to the same restrictions.

• Adequate cause for dismissal shall be related directly and substantially to the faculty member's fitness or performance in the professional capacity as teacher or researcher. The Board regulations state that cause for dismissal may include but is not limited to the following.
• Conviction of a felony or other crime involving moral turpitude during the period of employment by the University of Missouri which is related, directly and substantially, to the faculty member's academic fitness or performance in the professional capacity of teacher or researcher.
• Professional incompetence in the performance of academic responsibilities.
• Intentional and habitual neglect of duty in the performance of academic responsibilities, provided that a written warning and a reasonable opportunity to correct the behavior have been given.
• Severe research misconduct, academic irresponsibility, or other default of academic integrity in the performance of academic responsibilities.
• Willful misrepresentation of material matters in applying to the University of Missouri for employment which are related, directly and substantially, to the faculty member's fitness or performance in the professional capacity of teacher or researcher.
• Either extreme or repeated sexual harassment or racial, gender or other discriminatory practices.

The decision to initiate dismissal for cause proceedings rests with the Chancellor in accordance with section 310.060 of the Collected Rules.

For more information about tenure and faculty dismissal. For more information about the procedures related to dismissal for cause.

I have a tenured faculty member in my department who clearly is not performing his or her obligations to the department. What do I do now?

Obviously this is a serious condition and you should have a face-to-face meeting with the faculty member to discuss his or her performance and spell out appropriate expectations. You should also document your meetings with the faculty member to discuss performance. You should also have a discussion with your dean about the situation immediately. One common mistake that occurs is that the offending faculty member never receives concrete feedback that his or her performance is not satisfactory. In cases where the faculty member's performance is substandard it is important to document specific incidents as well as any face-to-face meetings to discuss performance.

It is important to note that all faculty members must receive an annual performance reviews. In situations where there are significant performance issues, it is recommended that written evaluations be provided to the faculty members in writing and copies filed to provide proper documentation. Furthermore, merit raises should be allocated on the basis of merit and be consistent with a candid evaluation of performance and the annual review.

Each campus has a procedure that annually identifies tenured faculty members whose performances are of the nature that they might warrant termination for cause. In those instances, department chairs must report these cases to the Chancellor through established procedures as well as report any steps or remedial measures being taken to deal with the situation.

Find more information on annual performance reviews.

When there are performance issues, the preferred course of action is to deal with such individual problems before "dismissal for cause" becomes necessary. Deans and department chairs have primary responsibility for dealing with such instances both before and after they develop.

There are specific procedures that are normally followed on each campus related to performance deficiencies. The Office of the Provost or Vice Chancellor for Academic Affairs on campus should be a useful resource for both chairs and deans for advice about common practices and procedures. In cases of dismissal of faculty for cause, the Chancellor makes the decision to initiate the procedures.

For more information consult the University of Missouri Collected Rules and Regulations Section 310.060.

I have a faculty member who is accusing a student of cheating in a class. What course of action is the faculty obligated to take?

The faculty and administration of the University of Missouri recognize the importance of creating an honest academic climate where students are evaluated fairly on the basis of their own performance. Maintaining the environment is a shared responsibility of the administration and the faculty. The administration oversees the student disciplinary process and the faculty evaluate the students' academic performance.

If a faculty member believes a student has committed academic dishonesty he or she must file a formal report of academic dishonesty in writing to the Chief Academic Officer of the campus. The report, should be prepared immediately and provide a detailed account of the incident, any supporting evidence, and any action taken by the instructor.

The faculty members may evaluate the quality of the students' work and assign grades based on their assessment of the work. Students have the right to appeal their grades through the campus-specific grade appeals processes. Although faculty members have the authority to evaluate student academic performance and award the grade earned by any student, they do not have the authority to punish any student for academic dishonesty. The University Regulations placed that responsibility on the Chief Academic Officer in accordance with System-wide procedures on student conduct which ensure due process. These procedures can be found at University of Missouri Collected Rules and Regulations Section 200.020.

For more information about the code of conduct including definitions of academic dishonesty are in the University of Missouri Collected Rules and Regulations Section 200.010 B.1.

(For more information about grade appeals, refer to the question on campus grade appeals processes. For information on student discipline for academic dishonesty, see the question on student disciplinary procedures.)

Students often come in and feel the grade they received was "unfair." What are the conditions under which a student may appeal a grade and what are the processes?

There is no System-wide grade appeals process and each of the UM campuses has its own conditions and processes for grade appeals.

For more specific information about grade appeals, see the campus-specific grade appeals processes listed below. Be sure to check with the Office of the Chief Academic Officer to make sure their web sites reflect their current campus policies.

• Columbia
• Kansas City
• Rolla
• St. Louis

I have a student in the department who has a disability. Once he or she provides proof of a bona fide disability, is he or she is entitled to the accommodation he or she requests?

The University is required to provide reasonable accommodations. However, these accommodations shall not affect the substance of the educational programs or compromise educational standards. This does not mean that you must provide the accommodation requested.

On all campuses there is an official who will inquire into the condition of the disability, determine proper alternative accommodations, review any documentation or seek an evaluation of the condition, and attempt to address the situation to the satisfaction of both parties.

For more information consult the University of Missouri Collected Rules and Regulations Section 600.070.

For more information, contact your campus representative.

Yes, there is a formal code of student conduct that relates to student behavior in a number of areas such as:

• Physical abuse or the threat of physical abuse
• Possession or use of alcohol or drugs on University property
• Theft of attempted theft of University property
• Illegal or unauthorized use of firearms
• Falsifying records
• Computer use and computer viruses

The same formal procedure applies to both academic dishonesty and to student conduct of a nonacademic nature. That procedure includes an opportunity for a formal disciplinary proceeding, hearings, and other safeguards for both the student and the institution.

The Chief Student Affairs Administrator on each campus is the primary administrative officer for student misconduct except in cases of academic dishonesty, where the Chief Academic Officer is the primary administrative officer.

For students who violate the Student Conduct Code there are a range of possible sanctions that may be imposed for a violation. These include warnings, probation, loss of privileges, restitution, discretionary sanctions, residence hall suspension or expulsion, and University suspension or dismissal.

The primary administrative official should investigate any reported student misconduct before initiating any formal "conduct proceedings" and give the student an opportunity to present a personal version of the incident.

If the disciplinary incident is not resolved informally, faculty members or chairs might be called as witnesses at the formal hearing. Faculty members may also be appointed by Chancellors to serve on student conduct committees.

A. Jurisdiction of the University Of Missouri generally is limited to conduct that occurs on the University of Missouri premises or at University-sponsored or University-supervised functions.

For more information about the standards of conduct and these issues see the student conduct section of the University of Missouri Collected Rules and Regulations.

Are students entitled to see faculty email notes about them?

Generally, yes they are. Students may have access to most written or electronic records maintained by the University that are directly related to them. However, personal notes or records that are considered "sole possession" (i.e., not shared with any other person) are excluded from the definition of educational records.

Tape recorded classes or productions, video tapes, or computer digital files that contain pictures or images of students or otherwise identify them are considered to be "educational records." In addition to the students' right to access email notes about them, University employees are prohibited from sharing email messages about students without the consent of the students unless there is an educational need to know.

Generally, there is no distinction between email messages and other educational records. Consequently, students have the following rights related to email notes:

• The right to access educational records pertaining to them.
• Subject to statutory exceptions, the right to prevent disclosure of their educational records to others without the student's written consent.

For more information consult the University of Missouri Collected Rules and Regulation Section 180.020 E.

Are parents (or relatives) who are paying student fees for the student entitled to know how the student is doing at the University?

Generally no, the Family Educational Rights and Privacy Act (FERPA) provides two general rights for students regarding educational records:

• Right to access educational records pertaining to them.
• Subject to statutory exceptions, the right to prevent disclosure of their educational records to others without the student's written consent.

One of the more common exceptions is internal disclosures to employees within the University who have an educational need to know. FERPA permits the disclosure of the student records to parents only if they can show that their son or daughter is a dependent under the Internal Revenue Code (i.e., normally by providing a copy of their income tax return).

In order for the grades or other student records to be released to any third party there must be a written "consent to disclose" statement signed and dated by the student.

For more information refer to the University of Missouri Collected Rules and Regulations Section 180.020.

Can grades may be posted by student number or social security number as a convenient way of making the information available to the students?

No, grades or other student records can not be publicly displayed in any manner where the identify of the students can be traced back to them by unauthorized persons. Student numbers or social security numbers are readily available so this method of posting grades does not adequately protect the identity of the students.

However, faculty members may devise a method of random numbers that will not be tied in any way to social security or student ID numbers so that student grades can be posted. Just be careful not to distribute a list of numbers or in any other way make the numbers available to others.

For more information see the University of Missouri Collected Rules and Regulations Section 180.020.