68 Tenure

Policy Statement (Board Approval Date: 3/22/11)

The state of Oklahoma is an “at-will” employer, and as a state agency MSC is an “at-will” employer. “At-will” employment is terminable at the will of either the employee or employer. Further, promises or representations made by anyone concerning the conditions of employment, express or implied, does not negate the right of the

College to dismiss employment at any time, with or without cause.  However, the Board of MSC recognizes the importance of establishing personnel procedures which provide the faculty and other employees’ protection against arbitrary and capricious acts of administrators, employees, peers, Board members, legislators, and members of the lay public; and provide the institution protection against indolence, complacency, incompetence, and unproductiveness of faculty and other employees. (See Chapter III: Personnel.)

Procedures and General Overview  

1. A faculty member is granted tenure with the first successful advancement in rank. Tenure is defined as the status that may be granted to a faculty member to continue in a position in which he/she has been employed, based on availability of funds and job performance as indicated by annual faculty evaluation. Librarians and other learning resources personnel with similar responsibilities are considered as faculty members for tenure and rank advancement purposes.  Tenure does not apply to an administrative position.
2. Because of the budget balancing amendment of the Oklahoma Constitution, the Board cannot obligate funds in excess of the unencumbered balance of surplus cash on hand. Consequently, the Board may not obligate itself by binding appointments beyond a current fiscal year for salaries or compensation in any amounts to its employees.  The Supreme Court of Oklahoma has strictly construed this constitutional provision by ruling that any liability sought to be incurred in excess of current revenues on hand is void.
3. The terms and conditions of every appointment should be stated in writing in the job description and be in the possession of both the institution and the faculty member before the appointment is consummated. Tenure is granted only by written notification.