Tenure Policy Exemption Agreement: Prospective Faculty
WHEREAS ___________________ ("Faculty Member") has been recommended for a faculty appointment with tenure at Michigan State University;
WHEREAS Faculty Member holds a non-immigrant visa which entitles him/her to reside and work in the United States on a temporary basis;
WHEREAS the University's Operating Principles of the Tenure System provide that foreign nationals holding non-immigrant visas shall not be given indefinite appointment with tenure unless they have acquired permanent resident status or U.S. citizenship ("faculty tenure policy");
WHEREAS Faculty Member has officially initiated the process for applying for permanent residency; and
WHEREAS Faculty Member seeks to obtain an exemption from the above-referenced faculty tenure policy;
WHEREAS such an exemption may be granted only if Faculty Member complies with the conditions set forth in this Faculty Tenure Policy Exemption Agreement ("Agreement");
NOW THEREFORE Faculty Member and Michigan State University ("University") agree as follows, effective ______________________:
- Except as otherwise specifically set forth in this Agreement, Faculty Member is subject to all policies applicable to tenure system faculty in Faculty Member's unit. In amplification and not in limitation of the foregoing, Faculty Member's application for employment was considered pursuant to the same criteria and standards that are applicable to all other candidates for employment in Faculty Member's unit.
- Faculty Member will notify his/her dean or separately reporting director in writing within five (5) days of learning of any governmental action that may adversely affect his/her status as being legally authorized to work for the University, including but not limited to: (a) denial of Faculty Member's petition for permanent resident status; (b) failure to obtain an extension of Faculty Member's non-immigrant visa; or (c) expiration of Faculty Member's visa or work permit.
- Faculty Member represents and warrants that he/she is legally authorized to work for the University in the United States. This is a continuing representation and warranty. If, for any reason, at any time during Faculty Member's employment at the University, regardless of Faculty Member's tenure status, Faculty Member is not legally authorized to work in the United States, Faculty Member (a) will immediately inform his/her dean or separately reporting director, and (b) agrees that he/she will be placed on an unpaid leave of absence until Faculty Member is legally authorized to resume work at MSU.
- Faculty Member acknowledges that placing Faculty Member on an unpaid leave of absence pursuant to paragraph 3(b) of this Agreement is not disciplinary action and may not be challenged pursuant to the Faculty Grievance Policy.
- Faculty Member agrees that if he/she is not legally authorized to resume work within one calendar year1 following placement on a leave of absence described in paragraph 3(b) above, Faculty Member's employment with the University will be terminated effective immediately. Faculty Member agrees that, in exchange for being granted an exception to the faculty tenure policy, any such termination under this paragraph is not subject to the Discipline and Dismissal of Tenured Faculty for Cause Policy and Faculty Member waives his/her rights to challenge the termination under any university policy or procedure.
- In exchange for the commitments made in this Agreement, Faculty Member is granted an exemption from the faculty tenure policy requiring permanent resident status or U.S. citizenship before tenure may be awarded.
- The University and Faculty Member will participate in the permanent residency process in good faith, including the timely submission of all necessary paperwork.
- Any questions or disputes raised by the Faculty Member regarding the interpretation of this Agreement will be addressed or resolved by the Provost or his/her designee.
- By accepting and agreeing to the terms and conditions of this Agreement, Faculty Member (a) waives and releases and (b) covenants not to sue, grieve, or otherwise bring a complaint against University, its Trustees, directors, officers, employees, and/or agents, in their individual and/or official capacities, with respect to any and all claims and actions arising out of the interruption or termination of Faculty Member's employment pursuant to paragraphs 3-5 above.
- Faculty Member acknowledges that he/she has read and understands this Agreement, that he/she has had adequate time to consider this Agreement and discuss it with his/her attorneys and advisors, that he/she understands the consequences of entering into this Agreement, that he/she is knowingly and voluntarily entering into this Agreement, and that he/she is competent to enter into this Agreement. This Agreement is to be interpreted as being jointly negotiated and drafted.
- This Agreement shall be interpreted in accordance with the laws of the State of Michigan.
- If any provision of this Agreement is determined to be unenforceable, the remainder of this Agreement shall not be affected, but each remaining provision shall continue to be valid and effective and shall be enforceable to the fullest extent permitted by law.
FACULTY MEMBER:
By my signature below, I represent that I have read the foregoing Faculty Tenure Policy Exemption Agreement and I agree to be bound by the terms of such Faculty Tenure Policy Exemption Agreement.
_____________________________________
Date: __________________
MICHIGAN STATE UNIVERSITY
By: __________________________________
Date: __________________
Provost
Footnote:
1This time period may be extended for good cause by mutual agreement of the parties. Any such agreement must be in writing and approved by the Provost.
