State Board of Higher Education members Kevin Black, left, and Casey Ryan. (Photos provided by North Dakota University System via the North Dakota Monitor)
(Jeff Beach – North Dakota Monitor) – The North Dakota Board of Higher Education is going through a painstaking process of updating its tenure policies, covering such details as the frequency of faculty reviews.
“We have to look at modernizing our employment practices,” board member Kevin Black of Fargo said Tuesday as the board met for a special meeting.
One change approved Tuesday was instead of saying tenured faculty have a “right” to employment, the policy now says they have an “expectation” of keeping their job.
“I think if you were to poll just about any North Dakotan and asked if any taxpayer-funded job, that an individual has a right to indefinite employment, I don’t think you’re getting a whole lot more favorable responses,” Black said.
The board approved the changes unanimously.
“I definitely think that the word ‘expectation’ is much more appropriate,” Black said. “If you’re following state board policy and institutional policy, and you’re serving your students and you’re in your community in a positive way, absolutely you should have the expectation that your contract is continuous.”
One area where Black is seeking clarity is what circumstances might trigger a review of tenured faculty members seen as underperforming.
University System policy requires a review of tenured faculty every five years. Black had suggested cutting that to three years.
“I felt like five years was too long to go between a full-blown, post-tenure review,” Black said.
There was concern among the board that mandatory three-year post-tenure reviews could create a backlog.
“We have to avoid red tape,” board member Casey Ryan said. “This would be a huge red-tape measure.”
Black agreed Tuesday to keep the five-year requirement with the understanding that the board will refine its policy on what might trigger a post-tenure review within the five-year timeframe and ensure that policy is uniform across the 11-college system.
Faculty are reviewed annually, though it is not as rigorous as a post-tenure review. Negative annual reviews could trigger a post-tenure review but the board agreed to work out the details in the new year.
The board did not discuss all the proposed edits in the 90-minute meeting, signaling more meetings to come.
Board members have discussed tenure policies several times in 2024, with Black at one time questioning the value of tenure at North Dakota’s two-year schools, especially programs that focus on technical education.
Chancellor Mark Hagerott lauded the board for taking on the task of addressing tenure policy, which is a sensitive issue in higher education.
“I think you’re threading the needle nicely,” Hagerott said, adding that there is an appetite for tenure reform among legislative leaders, specifically House Majority Leader Mike Lefor, R-Dickinson.
“He would like that this is implemented, at least the first phases of this, by March,” Hagerott said of Lefor. “So I think you’re getting there.”
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