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A BILL TO BE ENTITLED
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AN ACT
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relating to performance evaluations of tenured faculty at public |
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institutions of higher education. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 51.942(c), Education Code, is amended to |
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read as follows: |
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(c) In addition to any other provisions adopted by the |
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governing board, the rules shall include provisions providing that: |
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(1) each faculty member tenured at the institution be |
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subject to a comprehensive performance evaluation process |
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conducted no more often than once every year, but no less often than |
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once every four [six] years, after the date the faculty member was |
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granted tenure or received an academic promotion at the |
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institution; |
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(2) the evaluation be based on the professional |
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responsibilities of the faculty member, in teaching, research, |
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service, patient care, and administration, and include peer review |
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of the faculty member; |
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(3) the process be directed toward the professional |
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development of the faculty member; |
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(4) the process incorporate commonly recognized |
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academic due process rights, including notice of the manner and |
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scope of the evaluation, the opportunity to provide documentation |
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during the evaluation process, and, before a faculty member may be |
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subject to disciplinary action on the basis of an evaluation |
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conducted pursuant to this section, notice of specific charges and |
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an opportunity for hearing on those charges; and |
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(5) a faculty member be subject to revocation of |
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tenure or other appropriate disciplinary action if the governing |
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board determines that: |
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(A) the faculty member is incompetent or has |
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engaged in [incompetency,] neglect of duty, sexual harassment, |
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fiscal malfeasance, plagiarism, or conduct involving moral |
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turpitude; or |
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(B) [or] other good cause exists for the |
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revocation or disciplinary action [is determined to be present]. |
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SECTION 2. This Act takes effect September 1, 2021. |