2. APPOINTMENTS
  a. Chief Executive Officer
    i. General Provisions
    ii. Compensation
    iii. Appointment Process
    iv. Assessment
  b. Faculty and Staff
    i. General Provisions
    ii. Recruiting
    iii. Spoken English Language Competency
    iv. Criminal Background Checks
    v. Nepotism
    vi. Annual & Multiple Year Appointments
    vii. Tenure for Tenure-Track Faculty Appointments
   

a.  Chief Executive Officer

i.  General Provisions

(1)  Subject to the policies, rules and regulations of the Board of Regents, the chief executive officer of each state university shall administer the affairs of the university.  The Board of Regents holds the chief executive officer responsible and accountable for all operations of the university, including university controlled affiliated corporations, and expects that each chief executive officer shall devote his or her undivided attention and energies to management of the university.

(2)  The chief executive officer of each state university serves at the pleasure of the Board.  The selection of the chief executive officer of each state university shall be made by the Board.  The chief executive officer of each state university shall be required to live in the official residence if provided.

(3)  The Board shall determine and approve the compensation to be received from any source by each chief executive officer for duties and responsibilities performed as chief executive officer, or reasonably related thereto.

(4)  No chief executive officer shall accept an appointment to the board of directors of any corporation or organization, which pays for such services, without the advance approval of the Chair of the Board of Regents.  The chief executive officer shall provide such information about the appointment as requested by or on behalf of the Board.

(5)  No later than April 30 of each year, each chief executive officer shall submit a written report to the President and Chief Executive Officer of the Board providing information on all income received by the chief executive officer from any source other than his or her state university for the immediately preceding calendar year.  Such report shall include date, location and description of services ren¬dered and the amount of remuneration received.  The report shall also include all funds provided by an affiliated corporation to the chief executive officer for use at his or her discretion.  The report shall be maintained in the personnel file of the chief executive officer.

(6)  The Board may pay, or authorize payment of, the actual and necessary travel expenses for a candidate interviewing for the position of chief executive officer of a state university or President and Chief Executive Officer of the Board. (K.S.A. 76-727)

(7)  The Board may reimburse, or authorize reimbursement of, an applicant for the position of chief executive officer or President and Chief Executive Officer for all or part of the applicant's moving expenses from the applicant's out of state residence to the place of residence in Kansas. (K.S.A. 76-727)

ii.  Compensation

(1)  Policy Statement

The Kansas Board of Regents shall prescribe the compensation for the chancellor of the University of Kansas and the presidents of Kansas State University, Wichita State University, Emporia State University, Fort Hays State University, and Pittsburg State University (the chief executive officers). K.S.A. 76-714.

The chief executive officers of the state universities lead and manage complex institutions that are crucial to the state’s future.  The chief executive officers must be outstanding academic leaders, assure sound business practices and act as good stewards of public funds, raise the philanthropic gifts necessary to foster excellence in higher education, and serve as their respective university’s primary spokesperson in their communities, in the state, and in the nation.

The Board will set the compensation of the chief executive officers in a manner that is designed to reward excellence and promote retention of outstanding leaders.  As the Board sets compensation to achieve those goals, it will consider the performance of the chief executive officer, the particular university’s approved current and aspirational peers, other relevant market data, information compiled by the Board’s staff, and other information deemed relevant by the Board.  The Board may establish compensation for the chief executive officers in a manner that is consistent for the group or, as appropriate, on an individual basis.

(2)  Compliance with State Law

Pursuant to K.S.A. 76-714, appointments of the chief executive officers of the state universities shall be at-will, and compensation will be determined on an annual basis. This policy and any compensation packages set pursuant to this policy shall be construed in accordance with these limitations.  Nothing contained in this policy shall be construed as conferring on a chief executive officer a contract of employment for a specific term.

(3)  Use of a Combination of Public and Private Funds in Compensating State University Chief Executive Officers

In setting compensation for the chief executive officers of the state universities, the Board may authorize the particular university to use a combination of public and private funds.  To assure that the chief executive officers are accountable to the Board, and in order to assure that the majority of the funds used to pay the chief executive officers are public funds, the percentage of private funds shall not exceed 49% of the total annual monetary compensation paid to each chief executive officer. This policy would be subject to adjustment in the event of final appropriation proviso language requiring an adjustment in a particular year.

(4)  Forms of monetary compensation

In addition to base salary, which may be adjusted annually, at the discretion of the Board, based on market, peer salary rates, or taking into consideration any adjustments made to university employees’ salaries in a given year, the Board may authorize one or more of the following forms of monetary compensation for one or more of the chief executive officers:

(a)  Performance incentive payments for meeting specific strategic plan, operational or other goals established by the Board for any given year, successful accomplishment of which shall be determined by achievement of certain measurable goals established by the Board for that purpose;

(b)  employer contributions to a 457(f) deferred compensation plan, pursuant to specific agreement between the chief executive officer and the Board;

(c)  additional payments to help defray the cost to the chief executive officer of special needs insurance beyond that provided by the state or other unique expenses.

Each chief executive officer shall receive the standard benefits package available to university unclassified staff including but not limited to health insurance and retirement plan options.

(5)  Timing of Board Action

The Board may set compensation at any time for the chief executive officers of the state universities.  However, it will do so no later than June 30 for the ensuing fiscal year.

iii.  Appointment Process

(1)  The Board shall establish appropriate processes for the selection of university chief executive officers.

(2)  The Board may appoint a search committee that reflects the variety of constituencies of the university and is consistent with the priorities of the institution’s mission statement.  This committee may include, but not necessarily be limited to, classified and unclassified staff, students, faculty, administration, alumni, community members, and members of the Kansas Board of Regents.  The Board may invite nominations for the committee from elected leaders or representative organizations of the various constituencies, in cases where these exist.  The search committee shall review and evaluate all applications and perform such other functions as are assigned by the Board.

(3)  University chief executive officer searches may be national in scope, and shall be advertised in the appropriate venue(s) and conducted according to equal employment opportunity guidelines.

(4)  Chief executive officer search process options may include, but are not limited to, the following:

(a)  Committee-led searches in which the search committee conducts initial interviews and campus visits, assists the Board in its due diligence responsibilities associated with the review of final candidates, and forwards names of candidates to the Board for final interviews and selection;

(b)  Board-led searches in which the Board conducts initial interviews, forwards names of candidates to the search committee for campus visits and search committee interviews, the search committee assists the Board in its due diligence responsibilities associated with the review of final candidates and forwards names of finalists to the Board for selection;

(c)  Closed searches, which could either be Committee-led or Board-led, in which open campus visits are not conducted.

In determining the process to be utilized, the Board shall consider:  (1) which strategy will likely lead to the most qualified candidates seeking nomination to and remaining in the pool; (2) the interests and benefits of including more campus constituencies in the process; (3) the timing of the process; and (4) and other factors that impact the process.

iv.  Assessment

(1)  Each year the Board shall evaluate the performance of the chief executive officer of each state university and the President and Chief Executive Officer of the Board.  The evaluation is intended to assist the Board in fulfilling its responsibility for the well-being of each institution and the Board office by providing for a regular schedule of meetings between each chief executive officer and the Board for purposes of assessment; improving the depth of understanding of issues germane to the job performance of the chief executive officer; providing additional opportunities for each chief executive officer to express goals for the ensuing year, personal ideas and concerns; and improving management through improved assessment of each chief executive officer.

(2)  Assessment of the chief executive officers of the state universities and the Board Office shall involve at least one meeting per year between an individual chief executive officer and the full Board.  The assessment process is intended to:

(a)  provide the Board with a comprehensive orientation to current and/or ongoing issues related to the job performance of the chief executive officer including, but not limited to, strategic planning, personnel, relationships with vital constituencies, special initiatives and problematic circumstances, if any;

(b)  reinforce Board understanding of the challenges and opportunities facing the chief executive officers and the role of the Board in helping to cultivate a climate which enables the chief executive officer to achieve distinction for his or her campus or the Board office;

(c)  focus on the chief executive officer’s management skills with a deliberate evaluation and critique emphasizing strengths and weaknesses of  leadership using a series of criteria capturing the principal areas of responsibility and expectation; and

(d)  provide the chief executive officer with a precise statement of its expectation and define specific goals and objectives the Board wants the chief executive officer to pursue;

(3)  Meetings of the Board with individual chief executive officers for purposes of performance evaluation shall be conducted in executive session.  

(4)  In the event the Chair determines, after consultation with the Board President and Chief Executive Officer, that there is a matter involving chief executive officer assessment that cannot wait until the next regularly scheduled Board meeting a special meeting may be called by the Chair for the purpose of inquiring into the chief executive officer assessment matter.  No action may be taken at a special meeting called pursuant to the provisions of this paragraph unless five or more members agree to take action.   If the matter involves the assessment of the Board President and Chief Executive Officer, the Chair may utilize the provisions of this paragraph without consulting with the President and Chief Executive Officer.

b.  Faculty and Staff

i.  General Provisions

(1)  In accordance with K.S.A. 76-715, the Board has authorized each state university chief executive officer to make all employee appointment decisions at his or her institution.  The chief executive officer may delegate that authority.  Each faculty and staff appointment must be approved by the chief executive officer or the chief executive officer’s designee. 

(2)  Provosts, vice presidents or executive vice chancellors, and deans shall serve at the pleasure of the university chief executive officer. Each state university chief executive officer shall designate a chief financial officer for the university, who shall serve at the pleasure of the university chief executive officer. Other university administrative staff positions may be designated as positions that serve at the pleasure of the chief executive officer or at the pleasure of the chief executive officer’s designee: provided, however, that such will and pleasure designation is stated in the administrator’s written annual notice of appointment. The Board shall be notified of the appointment of any provost, vice president, executive vice chancellor, chief financial officer, or other position that reports directly to the university chief executive officer. Such notice shall be given after the appointment occurs and prior to its announcement. The Board shall be notified of the departure of any provost, vice president, executive vice chancellor, chief financial officer, or other position that reports directly to the university chief executive officer at the time the university chief executive officer becomes aware of the departure or planned departure.

(3)  The following employees of a state university shall be unclassified: the Chancellor or President, provosts, vice presidents, executive vice chancellors, deans, all administrative officers, student health service physicians, all teaching and research personnel, health care employees and student employees.  Except for those positions that have been converted from classified to unclassified service as a result of a change in duties, or those employees whose positions have been converted from classified to unclassified University Support Staff pursuant to K.S.A. 76-715a, these categories shall not encompass any custodial, clerical, or maintenance employees, or any employees performing duties in connection with the business operations of the institution, except administrative officers and directors.

(a)  Health care employees means employees of the University of Kansas Medical Center who provide health care services at the Medical Center and who are medical technicians or technologists or respiratory therapists or who are licensed professional nurses or licensed practical nurses or who are in job classes which are designated for this purpose by the chancellor as authorized by law; health care employees also includes employees of any state university who are medical technologists.

(b)  The University of Kansas Medical Center shall continue to maintain personnel policies and procedures for said health care employees.  Such policies and procedures shall become policies of the Board upon their acceptance and approval by the Board President and Chief Executive Officer. 

ii.  Recruiting

(1)  Within State Universities: Faculty and administrators are eligible to transfer between state universities.  As a matter of courtesy, the appropriate vice president or vice chancellor of the current employing institution shall be contacted prior to any formal interview with the applicant by the recruiting institution. 

(2)  From Out-of-State

(a)  The chief executive officer of any state university may extend an invitation to any person to make a visit to the State of Kansas for the purpose of consultation preliminary to his or her possible selection as a member of the unclassified staff at such institution, and in such case, such institution may pay the actual and necessary travel and subsistence expenses of such invitee visiting the State of Kansas.  Such travel and subsistence expenses shall be paid from funds available or appropriated for travel and subsistence.

(b)  The provisions of K.S.A. 75 3218, 75 3219 and 75 3220 shall not apply to state universities or the Board except that the provisions of K.S.A. 75 3218 and the provisions of K.S.A. 75 3220 supplemental thereto shall apply to employees of the Board Office other than the President and Chief Executive Officer.

(c)  The chief executive officer of any state university, or any person or persons designated by him or her for the purpose, may travel to any place or places in the United States for the purpose of interviewing persons as prospective members of the faculty and unclassified staff of such institution, and in such case, such institution shall pay the transportation and subsistence expenses of persons making such trips.  Such travel and subsistence shall be paid at the same rates and subject to the same limitations as now provided for state employees for out of state travel.  Such travel and subsistence shall be paid from funds available or appropriated for travel and subsistence.

iii.  Spoken English Language Competency

(1)  Faculty

All prospective faculty members of state universities, except visiting professors for one year or less, must have their spoken English competency assessed prior to employment through interviews with no fewer than three institutional personnel, one of whom shall be a student. Faculty shall include all full-time or part-time personnel having classroom or laboratory instructional responsibilities and/or direct tutorial or advisement contact, other than for courses or sessions conducted primarily in a foreign language. An oral interview shall be conducted either face-to-face or by mediated means.  To be eligible for an appointment without spoken English language remediation conditions, prospective faculty found to be potentially deficient in speaking ability shall be required to achieve a minimum score of 50 on the Speaking Proficiency English Assessment Kit (SPEAK), or equivalent, or a minimum score, set by Board staff in consultation with the Council of Chief Academic Officers and with the approval of the Board Academic Affairs Standing Committee, on the Speaking section of the Test of English as a Foreign Language internet Based Test (TOEFL iBT).  A report detailing the process for interviewing prospective faculty, including the composition of the interview team and scores from SPEAK or the Speaking section of the iBT for each candidate, shall be submitted to the President and Chief Executive Officer of the Board every other year.

(2)  Graduate Teaching Assistants

All prospective graduate teaching assistants of the state universities shall have their English competency assessed prior to being considered for any employment having classroom or laboratory instructional responsibility and/or direct tutorial responsibilities.  The following shall be used to implement this policy:

(a)  All prospective graduate teaching assistants, whose first language is not English, must be interviewed and have their competency in spoken English assessed by no fewer than three institutional personnel, one of whom shall be a student.  An oral interview shall be conducted either face-to-face or by mediated means.

(b)  To be eligible for an appointment without spoken English language remediation conditions, all prospective graduate teaching assistants, whose first language is not English, shall be required to achieve a minimum score of 50 on the Speaking Proficiency English Assessment Kit (SPEAK), or equivalent, or a minimum score, set by Board staff in consultation with the Council of Chief Academic Officers and with the approval of the Board Academic Affairs Standing Committee, on the Speaking section of the Test of English as a Foreign Language internet Based Test (TOEFL iBT).

(c)  Any prospective graduate teaching assistant who does not meet the above requirements shall not be assigned teaching responsibilities nor other tasks requiring direct instructional contact with students.

(d)  An exception shall be made for courses taught in sign language.

(e)  A report detailing the process for interviewing graduate teaching assistants, whose first language is not English, including the composition of the interview team and scores from the SPEAK or the Speaking section of the iBT for each candidate, shall be submitted to the President and Chief Executive Officer of the Board every other year.

(3)  General

State universities shall develop implementing policies and procedures for the administration of this policy and shall report to the Board as to the effectiveness of such policy; and may adopt standards that exceed or are additional to those contained herein.

iv.  Criminal Background Checks

(1)  In addition to verifications required by law and except as otherwise provided in this policy or under the approved implementation plan of a state university, each state university shall provide for the performance of a criminal background check on each person hired for any state university position, other than employees reasonably expected to be employed for six months or less and student hourly employees.  Criminal background checks shall be conducted either prior to the extension of an offer for employment, or as part of an offer of employment that is made contingent upon a successful criminal background check.

(2)  For purposes of this policy, a criminal background check shall include:

(a)  Criminal history record searches for felony and misdemeanor convictions at the county and federal levels in every jurisdiction where the candidate currently resides or has resided.  Such searches should cover a minimum of the last seven years.

(b)  Sex offender registry searches at the county and federal levels in every jurisdiction where the candidate currently resides or has resided.

(c)  Other verifications as required by law for specified positions.

(3)  Each state university shall develop a plan for implementing this policy and submit it to the Board for approval.  Each university’s plan shall address the following:

(a)  Optional Positions Covered.  Unless otherwise required by law to perform a background check for specified positions, state universities have the option to perform background checks on position categories in addition to those stated above, such as (i) employees who are expected to be employed for six months or less; (ii) positions to be filled by a vendor or contractor; (iii) hourly student employees; (iv) interns; and (v) unpaid volunteers, and may perform more extensive checks than those required above.  In making this determination, state universities shall consider the level of direct supervision and guidance provided to individuals in these categories and the nature of the duties of the job.

(b)  Procedures for Implementation.  Each state university shall establish procedures for (i) obtaining a release from the prospective employee allowing the university to access their criminal history record information, as authorized by K.S.A. 22-4710; (ii) determining the relevance of information obtained through a background check to the prospective employee’s trustworthiness or the safety or well-being of the university’s students and other employees, as required by K.S.A. 22-4710; (iii) how records gathered and documents prepared in furtherance of a criminal background check shall be maintained confidentially and securely and identification of university officials who will serve as custodian of criminal background check record files; and (iv) compliance with the Fair Credit Reporting Act.

(4)  Each state university shall submit its plan to the Board for approval no later than September 1, 2008, with implementation to occur as of that date.

v.  Nepotism

If a person is in a position which requires an evaluation or a personnel decision such as those concerning admission, academic evaluation, appointment, performance evaluations, retention, promotion, discipline, tenure or salary of a family member or a member of such person's household, such condition shall be deemed a conflict of interest and that person shall not participate in such a decision, and that person shall not participate in any group or body which is considering any such decision.  Persons may be appointed to classified or unclassified, including University Support Staff, positions without regard to family relationship to or living arrangements with other members of faculty or staff so long as the personnel processes are conducted and decisions are made in compliance with this provision as well as institutional and Board policies.

vi.  Annual and Multiple Year Appointments

(1)  Except as provided in this section, all appointments of unclassified non-tenure track and non-tenured personnel shall be annual.  Every appointment of more than one year shall be subject, on an annual basis, to appropriations being provided by the Kansas Legislature. 

(2)  University of Kansas Medical Center Tracks

(a)  Clinical Scholar Track:

The University of Kansas Medical Center may employ and appoint personnel with clinical responsibilities to full-time, non-tenure track positions as determined to be in the best interest of the Medical Center by the Chancellor.  A component of the clinical appointment may include teaching.  Contracts shall be renewable and the lengths shall be: Instructor, one year; Assistant Professor, one to three years; Associate Professor and Professor, three years.   Three year contracts may be rolling contracts that, unless otherwise specified, annually shall roll over to create a new three-year term.  The University may terminate a rolling contract by giving notice, prior to June 30th of any year, that the contract will terminate at the end of the then current contract term.  Salary shall be determined each year by the availability of funds and by merit, which includes, but is not limited to, productivity.  Contracts may be terminated by mutual agreement of the faculty member and the University.  Prior to the expiration of the appointment, and except as provided above with respect to a rolling contract, the University may only terminate the contract for cause, including loss of clinical privileges or loss of clinical employment with the practice corporation or foundation, or financial exigency. 

(b)  Clinical Track:

The University of Kansas Medical Center may employ and appoint personnel with primarily clinical responsibilities to part-time or full-time non-tenure track positions as determined to be in the best interest of the Medical Center by the Chancellor. A component of the clinical appointment may include teaching. Initial contracts for appointments on this track shall range from one to three year terms and shall be renewable.  This Clinical Track includes four ranks: Clinical Instructor, Clinical Assistant Professor, Clinical Associate Professor and Clinical Professor.  Criteria for promotion in this track are specific to the applicable school within the Medical Center. The University may terminate a contract by giving notice, prior to June 30th of any year that the contract will terminate at the end of the current contract term. Salary shall be determined each year by the availability of funds and by merit, which includes, but is not limited to, productivity. Contracts may be terminated by mutual agreement of the faculty member and the University. Prior to the expiration of the appointment, the University may only terminate the contracts for cause, including loss of clinical privileges or loss of clinical employment with practice corporation or foundation, or financial exigency.

(c)  Educator Track:

The University of Kansas Medical Center may employ and appoint personnel to the Educator Track whose teaching or administrative responsibilities related to medical or healthcare education equal or exceed seventy percent of their total effort in their responsibilities with the University.  Appointments may be part-time or full-time, non-tenure track positions as determined to be in the best interest of the Medical Center by the Chancellor.  Initial contracts for appointments on this track shall range from one to three years and shall be renewable.  The Educator Track includes four ranks:  Education Instructor, Education Assistant Professor, Education Associate Professor and Education Professor. Criteria for promotion in this track are specific to the applicable school within the Medical Center. The University may terminate a contract by giving notice, prior to June 30th of any year that the contract will terminate at the end of the current contract term. Salary shall be determined each year by the availability of funds and by merit, which includes, but is not limited to, productivity. Contracts may be terminated by mutual agreement of the faculty member and the University. Prior to the expiration of the contract, the University may only terminate the contract for cause, including loss of clinical privileges, if any, or loss of clinical employment with practice corporation or foundation, if any, or financial exigency.

(d)  Transfer Between Appointment Categories

Full-time faculty members may apply for a one-time, one-way transfer between appointment categories (tenure track, non-tenure track). Upon mutual agreement, transfers from the tenure track to the non-tenure track may be made prior to but no later than the end of the fifth year of employment. For transfers from the non-tenure track to the tenure track, time and title in the non-tenure track does not count toward the probationary period to obtain tenure. Once a transfer from the non-tenure track to the tenure track has occurred, the guidelines for earning tenure apply. Any such appointments must be made in specific compliance with parameters approved by the Kansas Board of Regents.

(3)  Kansas State University Clinical Track

Kansas State University may appoint clinical faculty to full-time or part-time, non-tenure track positions as determined by the President to be in the best interest of the University.  The primary responsibility for persons on these appointments will be teaching and clinical service.  A component of the clinical appointment may include opportunity for scholarly achievement.

Contracts shall be renewable and the titles and lengths shall be: clinical assistant professor, one year; clinical associate professor, three years; and clinical professor, five years.  Salary will be determined each year by availability of funds and by merit, which includes, but is not limited to, productivity.  The University may terminate the contract prior to the expiration of the appointment, only for cause or financial exigency.  Notice of non-renewal of the three-year contract and the five-year contract must be given at least 12 months before the expiration of the contract.  Faculty members may apply for a one-time, one-way transfer between appointment categories (tenure track, non-tenure track).  Once a transfer from non-tenure track to tenure track has occurred, the guidelines for earning tenure apply.  Time and title in the non-tenure track does not count toward the probationary period to obtain tenure.  Any such appointments must be made in specific compliance with parameters approved by the Kansas Board of Regents.

(4)  Any athletic director or coach of a division I state university may hold a multiple year appointment when the chief executive officer of the university determines such appointment to be in the best interest of the university.  Salary shall be determined each year by availability of funds and by merit.

vii.  Tenure for Tenure-Track Faculty Appointments

(1)  This policy applies only to faculty who have been given tenure-track appointments.  Faculty who have been awarded tenure may be terminated only for adequate cause, except in the case of program or unit discontinuance or under extraordinary circumstances because of financial exigency.

(2)  In the interpretation of the principles contained in paragraph (1) above, the following is applicable:

(a)  The terms and conditions of every appointment shall be stated in writing and be made available to the tenure-track faculty member at the time of appointment.

(b)  Beginning with the institution’s full-time appointment of the tenure-track faculty member, the probationary period shall not exceed seven years.  The chief executive officer, or the chief executive officer’s designee, may at his or her discretion reduce the probationary period at the time of appointment if it has been determined that the faculty member has served a partial probationary period at a comparable institution and such reduction is in the best interests of the institution.  In no instance, however, may the probationary period for a tenure-track faculty member be reduced to less than four years, even though thereby the person's total probation¬ary period in the academic profession is extended beyond the normal maximum of seven years.  Notices should be given at least one year prior to the expiration of the probationary period if the tenure-track faculty member is not to be continued in service after the expiration of that period.

(c)  If an untenured faculty member becomes a parent through birth, adoptive placement, or adoption of a child under the age of 5 prior to May 1st of the fifth year of the probationary period, that faculty member, upon notification to the institution’s chief academic officer, shall be granted a one-year delay of the tenure review.  Notification must occur within 90 days of the birth, adoptive placement, or adoption.  Faculty members retain the right to opt out of this interruption policy.

(d)  Under unexpected special and extenuating circumstances, prior to the sixth year of service, and at the request of the faculty member and the appropriate dean, the chief academic officer of the university may grant an extension of the tenure clock for a maximum of one year.

(e)  No more than two extensions of the tenure clock may be granted to a faculty member for any reason.  Nothing in this provision shall be construed to guarantee reappointment of an untenured faculty member. 

(f)  Tenure is a privilege that must be affirmatively granted by the institution in recognition of meritorious performance.  Tenure is not a privilege that can be achieved simply through continuous service at the institution, regardless of a faculty member’s length of service.  Absent an affirmative action by a state university to award tenure, a faculty member shall not qualify for tenure solely by virtue of completing the probationary period.

(3)  Within this general policy, each state university may make such operating regulations as it deems necessary, subject to the approval of the Board.

(4)  Any tenure approved by the institution shall be limited to tenure for the recommended individual at the institution consistent with the tenure policies of that institution. (Effective 11/14/2002)

(5)  In exceptional cases, the chief executive officer at a state university may hire faculty members with tenure without their having completed a probationary period.

(6)  Decisions of the chief executive officer shall be final and are not subject to further administrative review by any officer or committee of the institution or by the Board of Regents.